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

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

    [[Page 113 STAT. 1501]]

    Public Law 106-113
    106th Congress

                                     An Act

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

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

                                   DIVISION A

                       DISTRICT OF COLUMBIA APPROPRIATIONS

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

                                  FEDERAL FUNDS

                  Federal Payment for Resident Tuition Support

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

             Federal Payment for Incentives for Adoption of Children

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

    [[Page 113 STAT. 1502]]

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

              Federal Payment to the Citizen Complaint Review Board

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

               Federal Payment to the Department of Human Services

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

        Federal Payment to the District of Columbia Corrections Trustee
                                   Operations

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

               Federal Payment to the District of Columbia Courts

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

    [[Page 113 STAT. 1503]]

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

                Defender Services in District of Columbia Courts

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

    [[Page 113 STAT. 1504]]

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

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

                       Children's National Medical Center

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

               Federal Payment for Metropolitan Police Department

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

             Federal Payment to the General Services Administration

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

    [[Page 113 STAT. 1505]]

                           DISTRICT OF COLUMBIA FUNDS

                               OPERATING EXPENSES

                              Division of Expenses

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

                       Governmental Direction and Support

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

                       Economic Development and Regulation

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

                            Public Safety and Justice

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

    [[Page 113 STAT. 1506]]

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

                             Public Education System

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

    [[Page 113 STAT. 1507]]

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

    [[Page 113 STAT. 1508]]

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

                             Human Support Services

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

                                  Public Works

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

                              Receivership Programs

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

                              Workforce Investments

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

                                     Reserve

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

    [[Page 113 STAT. 1509]]

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

    District of Columbia Financial Responsibility and Management Assistance
                                    Authority

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

                         Repayment of Loans and Interest

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

                     Repayment of General Fund Recovery Debt

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

                   Payment of Interest on Short-Term Borrowing

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

                          Certificates of Participation

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

                      Optical and Dental Insurance Payments

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

    [[Page 113 STAT. 1510]]

                                Productivity Bank

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

                            Productivity Bank Savings

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

                       Procurement and Management Savings

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

                           ENTERPRISE AND OTHER FUNDS

              Water and Sewer Authority and the Washington Aqueduct

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

    [[Page 113 STAT. 1511]]

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

                  Lottery and Charitable Games Enterprise Fund

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

                       Sports and Entertainment Commission

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

      District of Columbia Health and Hospitals Public Benefit Corporation

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

                      District of Columbia Retirement Board

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

    [[Page 113 STAT. 1512]]

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

                          Correctional Industries Fund

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

                  Washington Convention Center Enterprise Fund

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

                                 Capital Outlay

                             (including rescissions)

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

                               General Provisions

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

    [[Page 113 STAT. 1513]]

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

    [[Page 113 STAT. 1514]]

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

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

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

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

    [[Page 113 STAT. 1515]]

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

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

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

    [[Page 113 STAT. 1516]]

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

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

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

    [[Page 113 STAT. 1517]]

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

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

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

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

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

    [[Page 113 STAT. 1518]]

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

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

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

    [[Page 113 STAT. 1519]]

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

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

    [[Page 113 STAT. 1520]]

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

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

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

    [[Page 113 STAT. 1521]]

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

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

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

    [[Page 113 STAT. 1522]]

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

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

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

    [[Page 113 STAT. 1523]]

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

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

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

    [[Page 113 STAT. 1524]]

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

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

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

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

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

    [[Page 113 STAT. 1525]]

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

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

    [[Page 113 STAT. 1526]]

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

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

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

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

    [[Page 113 STAT. 1527]]

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

    [[Page 113 STAT. 1528]]

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

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

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

    [[Page 113 STAT. 1529]]

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

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

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

    [[Page 113 STAT. 1530]]

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

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

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

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

    [[Page 113 STAT. 1531]]

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

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

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

    [[Page 113 STAT. 1532]]

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

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

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

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

    [[Page 113 STAT. 1533]]

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

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

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

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

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

    [[Page 113 STAT. 1534]]

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

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

                 ``fha multifamily mortgage credit demonstration

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

                           ``drug elimination program

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

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

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

    [[Page 113 STAT. 1535]]

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

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

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

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

                             TITLE II--TAX REDUCTION

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

                                   DIVISION B

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

    [[Page 113 STAT. 1536]]

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

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

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

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

    [[Page 113 STAT. 1537]]

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

        Approved November 29, 1999.

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

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

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

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

                                      <all>

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

                                TABLE OF CONTENTS

             The table of contents for this Appendix is as follows:

                              APPENDIX A--H.R.3421

                              APPENDIX B--H.R. 3422

                              APPENDIX C--H.R. 3423

                              APPENDIX D--H.R. 3424

                              APPENDIX E--H.R. 3425

                              APPENDIX F--H.R. 3426

                              APPENDIX G--H.R. 3427

                              APPENDIX H--H.R. 3428

                               APPENDIX I--S. 1948

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

                              APPENDIX A--H.R. 3421

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

                         TITLE I--DEPARTMENT OF JUSTICE

                             General Administration

                              salaries and expenses

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

                         joint automated booking system

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

                            narrowband communications

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

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

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

                              counterterrorism fund

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

                   telecommunications carrier compliance fund

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

                        administrative review and appeals

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

                           office of inspector general

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

                         United States Parole Commission

                              salaries and expenses

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

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

                                Legal Activities

                 salaries and expenses, general legal activities

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

                    salaries and expenses, antitrust division

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

                 salaries and expenses, united states attorneys

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

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

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

                        united states trustee system fund

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

           salaries and expenses, foreign claims settlement commission

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

              salaries and expenses, united states marshals service

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

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

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

                                  construction

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

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

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

                           federal prisoner detention

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

                         fees and expenses of witnesses

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

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

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

               salaries and expenses, community relations service

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

                             assets forfeiture fund

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

                         Radiation Exposure Compensation

                             administrative expenses

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

              payment to radiation exposure compensation trust fund

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

                           Interagency Law Enforcement

                     interagency crime and drug enforcement

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

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

                         Federal Bureau of Investigation

                              salaries and expenses

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

                                  construction

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

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

                         Drug Enforcement Administration

                              salaries and expenses

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

                                  construction

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

                     Immigration and Naturalization Service

                              salaries and expenses

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

                         enforcement and border affairs

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

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

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

       citizenship and benefits, immigration support and program direction

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

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

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

                        violent crime reduction programs

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

                                  construction

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

                              Federal Prison System

                              salaries and expenses

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

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

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

                            buildings and facilities

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

                     federal prison industries, incorporated

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

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

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

       limitation on administrative expenses, federal prison industries,
                                  incorporated

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

                           Office of Justice Programs

                               justice assistance

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

                   state and local law enforcement assistance

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

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

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

       violent crime reduction programs, state and local law enforcement
                                   assistance

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

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

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

                           weed and seed program fund

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

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

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

                      Community Oriented Policing Services

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

                            juvenile justice programs

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

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

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

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

                         public safety officers benefits

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

                    General Provisions--Department of Justice

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

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

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

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

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

                (2) by adding at the end the following:

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

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

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

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

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

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

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

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

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

              TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                      Trade and Infrastructure Development

                                RELATED AGENCIES

                Office of the United States Trade Representative

                              salaries and expenses

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

                         International Trade Commission

                              salaries and expenses

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

                             DEPARTMENT OF COMMERCE

                       International Trade Administration

                          operations and administration

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

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

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

                              Export Administration

                          operations and administration

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

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

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

                       Economic Development Administration

                    economic development assistance programs

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

                              salaries and expenses

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

                      Minority Business Development Agency

                          minority business development

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

                     Economic and Information Infrastructure

                        Economic and Statistical Analysis

                              salaries and expenses

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

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

                              Bureau of the Census

                              salaries and expenses

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

                         periodic censuses and programs

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

           National Telecommunications and Information Administration

                              salaries and expenses

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

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

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

         public telecommunications facilities, planning and construction

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

                        information infrastructure grants

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

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

                           Patent and Trademark Office

                              salaries and expenses

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

                             Science and Technology

                            Technology Administration

           under secretary for technology/office of technology policy

                              salaries and expenses

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

                 National Institute of Standards and Technology

                 scientific and technical research and services

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

                         industrial technology services

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

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

                       construction of research facilities

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

                 National Oceanic and Atmospheric Administration

                      operations, research, and facilities

                         (including transfers of funds)

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

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

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

                    procurement, acquisition and construction

                         (including transfers of funds)

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

                         pacific coastal salmon recovery

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

                          coastal zone management fund

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

    promote and develop fishery products and research pertaining to american
                                    fisheries

                           fisheries promotional fund

                                  (rescission)

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

                          fishermen's contingency fund

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

                          foreign fishing observer fund

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

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

                        fisheries finance program account

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

                             General Administration

                              salaries and expenses

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

                           office of inspector general

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

                   General Provisions--Department of Commerce

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

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

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

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

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

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

                            TITLE III--THE JUDICIARY

                       Supreme Court of the United States

                              salaries and expenses

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

                        care of the building and grounds

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

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

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

             United States Court of Appeals for the Federal Circuit

                              salaries and expenses

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

                   United States Court of International Trade

                              salaries and expenses

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

         Courts of Appeals, District Courts, and Other Judicial Services

                              salaries and expenses

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

                                defender services

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

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

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

                        fees of jurors and commissioners

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

                                 court security

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

                Administrative Office of the United States Courts

                              salaries and expenses

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

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

                             Federal Judicial Center

                              salaries and expenses

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

                            Judicial Retirement Funds

                        payment to judiciary trust funds

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

                       United States Sentencing Commission

                              salaries and expenses

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

                        General Provisions--The Judiciary

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

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

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

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

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

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

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

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

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

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

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

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

                TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY

                               DEPARTMENT OF STATE

                        Administration of Foreign Affairs

                        diplomatic and consular programs

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

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

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

                             capital investment fund

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

                           office of inspector general

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

                   educational and cultural exchange programs

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

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

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

                            representation allowances

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

                  protection of foreign missions and officials

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

               security and maintenance of united states missions

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

               emergencies in the diplomatic and consular service

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

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

                       repatriation loans program account

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

                   payment to the american institute in taiwan

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

          payment to the foreign service retirement and disability fund

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

                   International Organizations and Conferences

                  contributions to international organizations

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

             contributions for international peacekeeping activities

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

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

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

                               arrearage payments

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

                            International Commissions

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

      international boundary and water commission, united states and mexico

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

                              salaries and expenses

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

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

                                  construction

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

                  american sections, international commissions

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

                       international fisheries commissions

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

                                      Other

                         payment to the asia foundation

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

                eisenhower exchange fellowship program trust fund

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

                        israeli arab scholarship program

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

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

                                east-west center

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

                               north/south center

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

                        national endowment for democracy

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

                                 RELATED AGENCY

                         Broadcasting Board of Governors

                      international broadcasting operations

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

                              broadcasting to cuba

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

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

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

                        broadcasting capital improvements

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

           General Provisions--Department of State and Related Agency

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

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

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

                            TITLE V--RELATED AGENCIES

                          DEPARTMENT OF TRANSPORTATION

                             Maritime Administration

                            maritime security program

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

                             operations and training

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

               maritime guaranteed loan (title xi) program account

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

               administrative provisions--maritime administration

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

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

          Commission for the Preservation of America's Heritage Abroad

                              salaries and expenses

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

                           Commission on Civil Rights

                              salaries and expenses

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

                   Advisory Commission on Electronic Commerce

                              salaries and expenses

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

                Commission on Security and Cooperation In Europe

                              salaries and expenses

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

                     Equal Employment Opportunity Commission

                              salaries and expenses

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

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

                        Federal Communications Commission

                              salaries and expenses

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

                           Federal Maritime Commission

                              salaries and expenses

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

                            Federal Trade Commission

                              salaries and expenses

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

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

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

                           Legal Services Corporation

                    payment to the legal services corporation

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

              administrative provision--legal services corporation

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

                            Marine Mammal Commission

                              salaries and expenses

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

                       Securities and Exchange Commission

                              salaries and expenses

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

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

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

                          Small Business Administration

                              salaries and expenses

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

                           office of inspector general

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

                         business loans program account

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

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

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

                         disaster loans program account

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

             administrative provision--small business administration

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

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

                             State Justice Institute

                              salaries and expenses

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

                          TITLE VI--GENERAL PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                             TITLE VII--RESCISSIONS

                              DEPARTMENT OF JUSTICE

                         Drug Enforcement Administration

                       drug diversion control fee account

                                  (rescission)

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

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

                     Immigration and Naturalization Service

                           immigration emergency fund

                                  (rescission)

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

                     DEPARTMENT OF STATE AND RELATED AGENCY

                         Broadcasting Board of Governors

                      international broadcasting operations

                                  (rescission)

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

                                RELATED AGENCIES

                          Small Business Administration

                         business loans program account

                                  (rescission)

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

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

                              APPENDIX B--H.R. 3422

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

                    TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                     export-import bank of the united states

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

                              subsidy appropriation

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

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

                             administrative expenses

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

                     overseas private investment corporation

                                noncredit account

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

                                 program account

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

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

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

                       Funds Appropriated to the President

                          trade and development agency

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

                     TITLE II--BILATERAL ECONOMIC ASSISTANCE

                       Funds Appropriated to the President

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

                      agency for international development

                    child survival and disease programs fund

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

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

                             development assistance

                          (including transfer of funds)

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

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

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

                                     cyprus

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

                                     lebanon

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

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

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

                                      burma

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

                       private and voluntary organizations

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

                        international disaster assistance

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

             micro and small enterprise development program account

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

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

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

                 urban and environmental credit program account

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

                  development credit authority program account

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

          payment to the foreign service retirement and disability fund

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

         operating expenses of the agency for international development

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

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

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

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

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

                       Other Bilateral Economic Assistance

                              economic support fund

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

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

                         international fund for ireland

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

               assistance for eastern europe and the baltic states

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

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

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

        assistance for the independent states of the former soviet union

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

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

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

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

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

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

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

                               Independent Agency

                                   peace corps

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

                               Department of State

               international narcotics control and law enforcement

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

                        migration and refugee assistance

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

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

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

          united states emergency refugee and migration assistance fund

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

         nonproliferation, anti-terrorism, demining and related programs

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

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

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

                           Department of the Treasury

                   international affairs technical assistance

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

                               debt restructuring

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

            united states community adjustment and investment program

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

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

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

                         TITLE III--MILITARY ASSISTANCE

                       Funds Appropriated to the President

                  international military education and training

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

                       foreign military financing program

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

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

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

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

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

                             peacekeeping operations

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

                   TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                       funds appropriated to the president

                      international financial institutions

                           global environment facility

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

            contribution to the international development association

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

          contribution to the multilateral investment guarantee agency

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

                         limitation on callable capital

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

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

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

            contribution to the inter-american investment corporation

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

               contribution to the inter-american development bank

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

                  limitation on callable capital subscriptions

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

                   contribution to the asian development bank

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

                  limitation on callable capital subscriptions

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

                   contribution to the asian development fund

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

                  contribution to the african development bank

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

                  limitation on callable capital subscriptions

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

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

                  contribution to the african development fund

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

      contribution to the european bank for reconstruction and development

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

                  limitation on callable capital subscriptions

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

                    International Organizations and Programs

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

                           TITLE V--GENERAL PROVISIONS

                  obligations during last month of availability

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

          prohibition of bilateral funding for international financial
                                  institutions

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

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

                        limitation on residence expenses

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

                             limitation on expenses

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

                    limitation on representational allowances

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

                     prohibition on financing nuclear goods

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

            prohibition against direct funding for certain countries

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

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

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

                                 military coups

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

                           transfers between accounts

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

                       deobligation/reobligation authority

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

                              availability of funds

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

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

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

                limitation on assistance to countries in default

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

                               commerce and trade

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

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

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

                               surplus commodities

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

                            notification requirements

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

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

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

    limitation on availability of funds for international organizations and
                                    programs

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

                  independent states of the former soviet union

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

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

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

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

       prohibition on funding for abortions and involuntary sterilization

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

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

                      export financing transfer authorities

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

                        special notification requirements

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

                  definition of program, project, and activity

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

                child survival and disease prevention activities

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

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

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

            prohibition against indirect funding to certain countries

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

                    notification on excess defense equipment

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

                            authorization requirement

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

                               democracy in china

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

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

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

           prohibition on bilateral assistance to terrorist countries

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

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

                     commercial leasing of defense articles

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

                              competitive insurance

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

                       stingers in the persian gulf region

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

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

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

                              debt-for-development

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

                                separate accounts

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

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

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

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

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

      compensation for united states executive directors to international
                             financial institutions

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

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

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

              compliance with united nations sanctions against iraq

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

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

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

                       impact on jobs in the united states

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

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

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

                         funding prohibition for serbia

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

                               special authorities

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

             policy on terminating the arab league boycott of israel

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

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

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

                            anti-narcotics activities

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

                           eligibility for assistance

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

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

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

                                    earmarks

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

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

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

                              ceilings and earmarks

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

                     prohibition on publicity or propaganda

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

                purchase of american-made equipment and products

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

                prohibition of payments to united nations members

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

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

                               consulting services

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

                 private voluntary organizations--documentation

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

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

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

      withholding of assistance for parking fines owed by foreign countries

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

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

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

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

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

                          war crimes tribunals drawdown

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

                                    landmines

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

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

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

                restrictions concerning the palestinian authority

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

                   prohibition of payment of certain expenses

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

                competitive pricing for sales of defense articles

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

                       special debt relief for the poorest

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

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

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

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

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

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

                  authority to engage in debt buybacks or sales

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

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

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

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

                              assistance for haiti

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

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

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

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

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

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

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

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

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

       restrictions on voluntary contributions to united nations agencies

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

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

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

                                      haiti

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

              limitation on assistance to the palestinian authority

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

                   limitation on assistance to security forces

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

           limitations on transfer of military equipment to east timor

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

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

    restrictions on assistance to countries providing sanctuary to indicted
                                  war criminals

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                            greenhouse gas emissions

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

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

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

             excess defense articles for certain european countries

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

            aid to the government of the democratic republic of congo

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

                         assistance for the middle east

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

                          enterprise fund restrictions

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

                                    cambodia

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

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

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

                               customs assistance

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

                        foreign military training report

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

                korean peninsula energy development organization

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

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

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

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

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

                         african development foundation

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

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

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

      prohibition on assistance to the palestinian broadcasting corporation

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

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

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

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

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

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

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

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

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

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

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

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

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

                                 iraq opposition

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

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

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

             agency for international development budget submission

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

                       american churchwomen in el salvador

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

                                 kyoto protocol

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

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

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

    additional requirements relating to stockpiling of defense articles for
                                foreign countries

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

                           russian leadership program

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

                   abolition of the inter-american foundation

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

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

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

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

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

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

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

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

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

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

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

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

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

                           west bank and gaza program

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

                             human rights assistance

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

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

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

                                    indonesia

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

                              man and the biosphere

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

                   immunity of federal republic of yugoslavia

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

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

    united states assistance policy for opposition-controlled areas of sudan

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

                      consultations on arms sales to taiwan

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

                                 authorizations

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

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

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

                            assistance for costa rica

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

                         silk road strategy act of 1999

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

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

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

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

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

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

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

    ``SEC. 499A. ECONOMIC ASSISTANCE.

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

    ``SEC. 499B. DEVELOPMENT OF INFRASTRUCTURE.

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

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

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

    ``SEC. 499C. BORDER CONTROL ASSISTANCE.

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

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

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

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

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

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

    ``SEC. 499E. ADMINISTRATIVE AUTHORITIES.

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

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

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

    ``SEC. 499F. DEFINITIONS.

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

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

                    country reports on human rights practices

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

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

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

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

                               opic maritime fund

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

                            sanctions against serbia

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

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

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

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

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

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

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

                              clean coal technology

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

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

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

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

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

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

                 contributions to united nations population fund

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

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

                      authorization for population planning

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

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

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

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

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

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

                               opic authorization

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

           TITLE VI--INTERNATIONAL AFFAIRS SUPPLEMENTAL APPROPRIATIONS

                          BILATERAL ECONOMIC ASSISTANCE

                       Funds Appropriated to the President

                       other bilateral economic assistance

                              economic support fund

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

                               MILITARY ASSISTANCE

                       Funds Appropriated to the President

                       foreign military financing program

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

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

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

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

                              APPENDIX C--H.R. 3423

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

                       TITLE I--DEPARTMENT OF THE INTERIOR

                            Bureau of Land Management

                        management of lands and resources

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

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

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

                            wildland fire management

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

                        central hazardous materials fund

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

                                  construction

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

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

                            payments in lieu of taxes

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

                                land acquisition

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

                        oregon and california grant lands

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

                   forest ecosystems health and recovery fund

                        (revolving fund, special account)

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

                               range improvements

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

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

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

                   service charges, deposits, and forfeitures

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

                            miscellaneous trust funds

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

                            administrative provisions

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

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

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

                     United States Fish and Wildlife Service

                               resource management

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

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

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

                                  construction

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

                                land acquisition

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

                cooperative endangered species conservation fund

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

                          national wildlife refuge fund

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

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

                    north american wetlands conservation fund

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

                   wildlife conservation and appreciation fund

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

                     multinational species conservation fund

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

                  commercial salmon fishery capacity reduction

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

                            administrative provisions

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

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

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

                              National Park Service

                      operation of the national park system

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

                      national recreation and preservation

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

                           historic preservation fund

        For expenses necessary in carrying out the Historic Preservation Act
    of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and Public
    Lands Management Act of 1996 (Public Law 104-333), $75,212,000, to be
    derived from the Historic Preservation Fund, to remain available until
    September 30, 2001, of which $10,722,000 pursuant to section 507 of
    Public Law 104-333 shall remain available until expended: Provided, That
    of the total amount provided, $30,000,000 shall be for Save America's
    Treasures for

    [[Page 113 STAT. 1501A-143]]

    priority preservation projects, including preservation of intellectual
    and cultural artifacts, preservation of historic structures and sites,
    and buildings to house cultural and historic resources and to provide
    educational opportunities: Provided further, That any individual Save
    America's Treasures grant shall be matched by non-Federal funds:
    Provided further, That individual projects shall only be eligible for
    one grant, and all projects to be funded shall be approved by the House
    and Senate Committees on Appropriations prior to the commitment of grant
    funds: Provided further, That Save America's Treasures funds allocated
    for Federal projects shall be available by transfer to appropriate
    accounts of individual agencies, after approval of such projects by the
    Secretary of the Interior: Provided further, That none of the funds
    provided for Save America's Treasures may be used for administrative
    expenses, and staffing for the program shall be available from the
    existing staffing levels in the National Park Service.

                                  construction

        For construction, improvements, repair or replacement of physical
    facilities, including the modifications authorized by section 104 of the
    Everglades National Park Protection and Expansion Act of 1989,
    $225,493,000, to remain available until expended, of which $885,000
    shall be for realignment of the Denali National Park entrance road, of
    which not less than $3,000,000 shall be available for modifications to
    the Franklin Delano Roosevelt Memorial: Provided, That $3,000,000 for
    the Wheeling National Heritage Area, $3,000,000 for the Lincoln Library,
    and $3,000,000 for the Southwest Pennsylvania Heritage Area shall be
    derived from the Historic Preservation Fund pursuant to 16 U.S.C. 470a:
    Provided further, That the National Park Service will make available 37
    percent, not to exceed $1,850,000, of the total cost of upgrading the
    Mariposa County, California municipal solid waste disposal system:
    Provided further, That Mariposa County will provide assurance that
    future use fees paid by the National Park Service will be reflective of
    the capital contribution made by the National Park Service.

                        land and water conservation fund

                                  (rescission)

        The contract authority provided for fiscal year 2000 by 16 U.S.C.
    460l-10a is rescinded.

                      land acquisition and state assistance

        For expenses necessary to carry out the Land and Water Conservation
    Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
    administrative expenses, and for acquisition of lands or waters, or
    interest therein, in accordance with the statutory authority applicable
    to the National Park Service, $120,700,000, to be derived from the Land
    and Water Conservation Fund, to remain available until expended, of
    which $21,000,000 is for the State assistance program including
    $1,000,000 to administer the State assistance program, and of which
    $10,000,000 may be for State grants for land acquisition in the State of
    Florida: Provided, That funds provided for State grants for land
    acquisition in the State of Florida are contingent upon the following:
    (1) submission

    [[Page 113 STAT. 1501A-144]]

    of detailed legislative language to the House and Senate Committees on
    Appropriations agreed to by the Secretary of the Interior, the Secretary
    of the Army and the Governor of Florida that would provide assurances
    for the guaranteed supply of water to the natural areas in southern
    Florida, including all National parks, Preserves, Wildlife Refuge lands,
    and other natural areas to ensure a restored ecosystem; and (2)
    submission of a complete prioritized non-Federal land acquisition
    project list: Provided further, That after the requirements under this
    heading have been met, from the funds made available for State grants
    for land acquisition in the State of Florida the Secretary may provide
    Federal assistance to the State of Florida for the acquisition of lands
    or waters, or interests therein, within the Everglades watershed
    (consisting of lands and waters within the boundaries of the South
    Florida Water Management District, Florida Bay and the Florida Keys,
    including the areas known as the Frog Pond, the Rocky Glades and the
    Eight and One-Half Square Mile Area) under terms and conditions deemed
    necessary by the Secretary to improve and restore the hydrological
    function of the Everglades watershed: Provided further, That funds
    provided under this heading to the State of Florida are contingent upon
    new matching non-Federal funds by the State and shall be subject to an
    agreement that the lands to be acquired will be managed in perpetuity
    for the restoration of the Everglades: Provided further, That of the
    amount provided herein $2,000,000 shall be made available by the
    National Park Service, pursuant to a grant agreement, to the State of
    Wisconsin so that the State may acquire land or interest in land for the
    Ice Age National Scenic Trail: Provided further, That of the amount
    provided herein $500,000 shall be made available by the National Park
    Service, pursuant to a grant agreement, to the State of Wisconsin so
    that the State may acquire land or interest in land for the North
    Country National Scenic Trail: Provided further, That funds provided
    under this heading to the State of Wisconsin are contingent upon
    matching funds by the State.

                            administrative provisions

        Appropriations for the National Park Service shall be available for
    the purchase of not to exceed 384 passenger motor vehicles, of which 298
    shall be for replacement only, including not to exceed 312 for police-
    type use, 12 buses, and 6 ambulances: Provided, That none of the funds
    appropriated to the National Park Service may be used to process any
    grant or contract documents which do not include the text of 18 U.S.C.
    1913: Provided further, That none of the funds appropriated to the
    National Park Service may be used to implement an agreement for the
    redevelopment of the southern end of Ellis Island until such agreement
    has been submitted to the Congress and shall not be implemented prior to
    the expiration of 30 calendar days (not including any day in which
    either House of Congress is not in session because of adjournment of
    more than three calendar days to a day certain) from the receipt by the
    Speaker of the House of Representatives and the President of the Senate
    of a full and comprehensive report on the development of the southern
    end of Ellis Island, including the facts and circumstances relied upon
    in support of the proposed project.
        None of the funds in this Act may be spent by the National Park
    Service for activities taken in direct response to the United Nations
    Biodiversity Convention.

    [[Page 113 STAT. 1501A-145]]

        The National Park Service may distribute to operating units based on
    the safety record of each unit the costs of programs designed to improve
    workplace and employee safety, and to encourage employees receiving
    workers' compensation benefits pursuant to chapter 81 of title 5, United
    States Code, to return to appropriate positions for which they are
    medically able.

                         United States Geological Survey

                      surveys, investigations, and research

        For expenses necessary for the United States Geological Survey to
    perform surveys, investigations, and research covering topography,
    geology, hydrology, biology, and the mineral and water resources of the
    United States, its territories and possessions, and other areas as
    authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
    mineral and water resources; give engineering supervision to power
    permittees and Federal Energy Regulatory Commission licensees;
    administer the minerals exploration program (30 U.S.C. 641); and publish
    and disseminate data relative to the foregoing activities; and to
    conduct inquiries into the economic conditions affecting mining and
    materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C.
    98g(1)) and related purposes as authorized by law and to publish and
    disseminate data; $823,833,000, of which $60,856,000 shall be available
    only for cooperation with States or municipalities for water resources
    investigations; and of which $16,400,000 shall remain available until
    expended for conducting inquiries into the economic conditions affecting
    mining and materials processing industries; and of which $2,000,000
    shall remain available until expended for ongoing development of a
    mineral and geologic data base; and of which $137,604,000 shall be
    available until September 30, 2001 for the biological research activity
    and the operation of the Cooperative Research Units: Provided, That none
    of these funds provided for the biological research activity shall be
    used to conduct new surveys on private property, unless specifically
    authorized in writing by the property owner: Provided further, That no
    part of this appropriation shall be used to pay more than one-half the
    cost of topographic mapping or water resources data collection and
    investigations carried on in cooperation with States and municipalities.

                            administrative provisions

        The amount appropriated for the United States Geological Survey
    shall be available for the purchase of not to exceed 53 passenger motor
    vehicles, of which 48 are for replacement only; reimbursement to the
    General Services Administration for security guard services; contracting
    for the furnishing of topographic maps and for the making of geophysical
    or other specialized surveys when it is administratively determined that
    such procedures are in the public interest; construction and maintenance
    of necessary buildings and appurtenant facilities; acquisition of lands
    for gauging stations and observation wells; expenses of the United
    States National Committee on Geology; and payment of compensation and
    expenses of persons on the rolls of the Survey duly appointed to
    represent the United States in the negotiation and administration of
    interstate compacts: Provided, That activities funded by appropriations
    herein made may be accomplished through the use of

    [[Page 113 STAT. 1501A-146]]

    contracts, grants, or cooperative agreements as defined in 31 U.S.C.
    6302 et seq.: Provided further, That the United States Geological Survey
    may hereafter contract directly with individuals or indirectly with
    institutions or nonprofit organizations, without regard to 41 U.S.C. 5,
    for the temporary or intermittent services of students or recent
    graduates, who shall be considered employees for the purposes of
    chapters 57 and 81 of title 5, United States Code, relating to
    compensation for travel and work injuries, and chapter 171 of title 28,
    United States Code, relating to tort claims, but shall not be considered
    to be Federal employees for any other purposes.

                           Minerals Management Service

                    royalty and offshore minerals management

        For expenses necessary for minerals leasing and environmental
    studies, regulation of industry operations, and collection of royalties,
    as authorized by law; for enforcing laws and regulations applicable to
    oil, gas, and other minerals leases, permits, licenses and operating
    contracts; and for matching grants or cooperative agreements; including
    the purchase of not to exceed eight passenger motor vehicles for
    replacement only; $110,682,000, of which $84,569,000 shall be available
    for royalty management activities; and an amount not to exceed
    $124,000,000, to be credited to this appropriation and to remain
    available until expended, from additions to receipts resulting from
    increases to rates in effect on August 5, 1993, from rate increases to
    fee collections for Outer Continental Shelf administrative activities
    performed by the Minerals Management Service over and above the rates in
    effect on September 30, 1993, and from additional fees for Outer
    Continental Shelf administrative activities established after September
    30, 1993: Provided, That to the extent $124,000,000 in additions to
    receipts are not realized from the sources of receipts stated above, the
    amount needed to reach $124,000,000 shall be credited to this
    appropriation from receipts resulting from rental rates for Outer
    Continental Shelf leases in effect before August 5, 1993: Provided
    further, That $3,000,000 for computer acquisitions shall remain
    available until September 30, 2001: Provided further, That funds
    appropriated under this Act shall be available for the payment of
    interest in accordance with 30 U.S.C. 1721(b) and (d): Provided further,
    That not to exceed $3,000 shall be available for reasonable expenses
    related to promoting volunteer beach and marine cleanup activities:
    Provided further, That notwithstanding any other provision of law,
    $15,000 under this heading shall be available for refunds of
    overpayments in connection with certain Indian leases in which the
    Director of the Minerals Management Service concurred with the claimed
    refund due, to pay amounts owed to Indian allottees or tribes, or to
    correct prior unrecoverable erroneous payments: Provided further, That
    not to exceed $198,000 shall be available to carry out the requirements
    of section 215(b)(2) of the Water Resources Development Act of 1999.

                               oil spill research

        For necessary expenses to carry out title I, section 1016, title IV,
    sections 4202 and 4303, title VII, and title VIII, section 8201 of the
    Oil Pollution Act of 1990, $6,118,000, which shall be derived

    [[Page 113 STAT. 1501A-147]]

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

              Office of Surface Mining Reclamation and Enforcement

                            regulation and technology

        For necessary expenses to carry out the provisions of the Surface
    Mining Control and Reclamation Act of 1977, Public Law 95-87, as
    amended, including the purchase of not to exceed 10 passenger motor
    vehicles, for replacement only; $95,891,000: Provided, That the
    Secretary of the Interior, pursuant to regulations, may use directly or
    through grants to States, moneys collected in fiscal year 2000 for civil
    penalties assessed under section 518 of the Surface Mining Control and
    Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands adversely
    affected by coal mining practices after August 3, 1977, to remain
    available until expended: Provided further, That appropriations for the
    Office of Surface Mining Reclamation and Enforcement may provide for the
    travel and per diem expenses of State and tribal personnel attending
    Office of Surface Mining Reclamation and Enforcement sponsored training.

                         abandoned mine reclamation fund

        For necessary expenses to carry out title IV of the Surface Mining
    Control and Reclamation Act of 1977, Public Law 95-87, as amended,
    including the purchase of not more than 10 passenger motor vehicles for
    replacement only, $196,208,000, to be derived from receipts of the
    Abandoned Mine Reclamation Fund and to remain available until expended;
    of which up to $8,000,000, to be derived from the Federal Expenses Share
    of the Fund, shall be for supplemental grants to States for the
    reclamation of abandoned sites with acid mine rock drainage from coal
    mines, and for associated activities, through the Appalachian Clean
    Streams Initiative: Provided, That grants to minimum program States will
    be $1,500,000 per State in fiscal year 2000: Provided further, That of
    the funds herein provided up to $18,000,000 may be used for the
    emergency program authorized by section 410 of Public Law 95-87, as
    amended, of which no more than 25 percent shall be used for emergency
    reclamation projects in any one State and funds for federally
    administered emergency reclamation projects under this proviso shall not
    exceed $11,000,000: Provided further, That prior year unobligated funds
    appropriated for the emergency reclamation program shall not be subject
    to the 25 percent limitation per State and may be used without fiscal
    year limitation for emergency projects: Provided further, That pursuant
    to Public Law 97-365, the Department of the Interior is authorized to
    use up to 20 percent from the recovery of the delinquent debt owed to
    the United States Government to pay for contracts to collect these
    debts: Provided further, That funds made available under title IV of
    Public Law 95-87 may be used for any required non-Federal share of the
    cost of projects funded by the Federal Government for the purpose of
    environmental restoration related to treatment or abatement of acid mine
    drainage from abandoned mines: Provided further, That such projects must
    be consistent with the purposes and priorities of the Surface Mining
    Control and Reclamation Act: Provided further, That, in addition to the
    amount granted

    [[Page 113 STAT. 1501A-148]]

    to the Commonwealth of Pennsylvania under sections 402(g)(1) and
    402(g)(5) of the Surface Mining Control and Reclamation Act (Act), an
    additional $300,000 will be specifically used for the purpose of
    conducting a demonstration project in accordance with section 401(c)(6)
    of the Act to determine the efficacy of improving water quality by
    removing metals from eligible waters polluted by acid mine drainage:
    Provided further, That the State of Maryland may set aside the greater
    of $1,000,000 or 10 percent of the total of the grants made available to
    the State under title IV of the Surface Mining Control and Reclamation
    Act of 1977, as amended (30 U.S.C. 1231 et seq.), if the amount set
    aside is deposited in an acid mine drainage abatement and treatment fund
    established under a State law, pursuant to which law the amount
    (together with all interest earned on the amount) is expended by the
    State to undertake acid mine drainage abatement and treatment projects,
    except that before any amounts greater than 10 percent of its title IV
    grants are deposited in an acid mine drainage abatement and treatment
    fund, the State of Maryland must first complete all Surface Mining
    Control and Reclamation Act priority one projects.

                            Bureau of Indian Affairs

                          operation of indian programs

        For expenses necessary for the operation of Indian programs, as
    authorized by law, including the Snyder Act of November 2, 1921 (25
    U.S.C. 13), the Indian Self-Determination and Education Assistance Act
    of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments of
    1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act of
    1988 (25 U.S.C. 2501 et seq.), as amended, $1,670,444,000, to remain
    available until September 30, 2001 except as otherwise provided herein,
    of which not to exceed $93,684,000 shall be for welfare assistance
    payments and notwithstanding any other provision of law, including but
    not limited to the Indian Self-Determination Act of 1975, as amended,
    not to exceed $120,229,000 shall be available for payments to tribes and
    tribal organizations for contract support costs associated with ongoing
    contracts, grants, compacts, or annual funding agreements entered into
    with the Bureau prior to or during fiscal year 2000, as authorized by
    such Act, except that tribes and tribal organizations may use their
    tribal priority allocations for unmet indirect costs of ongoing
    contracts, grants, or compacts, or annual funding agreements and for
    unmet welfare assistance costs; and up to $5,000,000 shall be for the
    Indian Self-Determination Fund which shall be available for the
    transitional cost of initial or expanded tribal contracts, grants,
    compacts or cooperative agreements with the Bureau under such Act; and
    of which not to exceed $401,010,000 for school operations costs of
    Bureau-funded schools and other education programs shall become
    available on July 1, 2000, and shall remain available until September
    30, 2001; and of which not to exceed $56,991,000 shall remain available
    until expended for housing improvement, road maintenance, attorney fees,
    litigation support, self-governance grants, the Indian Self-
    Determination Fund, land records improvement, and the Navajo-Hopi
    Settlement Program: Provided, That notwithstanding any other provision
    of law, including but not limited to the Indian Self-Determination Act
    of 1975, as amended, and 25 U.S.C. 2008, not to exceed

    [[Page 113 STAT. 1501A-149]]

    $42,160,000 within and only from such amounts made available for school
    operations shall be available to tribes and tribal organizations for
    administrative cost grants associated with the operation of Bureau-
    funded schools: Provided further, That any forestry funds allocated to a
    tribe which remain unobligated as of September 30, 2001, may be
    transferred during fiscal year 2002 to an Indian forest land assistance
    account established for the benefit of such tribe within the tribe's
    trust fund account: Provided further, That any such unobligated balances
    not so transferred shall expire on September 30, 2002.

                                  construction

        For construction, repair, improvement, and maintenance of irrigation
    and power systems, buildings, utilities, and other facilities, including
    architectural and engineering services by contract; acquisition of
    lands, and interests in lands; and preparation of lands for farming, and
    for construction of the Navajo Indian Irrigation Project pursuant to
    Public Law 87-483, $169,884,000, to remain available until expended:
    Provided, That such amounts as may be available for the construction of
    the Navajo Indian Irrigation Project may be transferred to the Bureau of
    Reclamation: Provided further, That not to exceed 6 percent of contract
    authority available to the Bureau of Indian Affairs from the Federal
    Highway Trust Fund may be used to cover the road program management
    costs of the Bureau: Provided further, That any funds provided for the
    Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available
    on a nonreimbursable basis: Provided further, That for fiscal year 2000,
    in implementing new construction or facilities improvement and repair
    project grants in excess of $100,000 that are provided to tribally
    controlled grant schools under Public Law 100-297, as amended, the
    Secretary of the Interior shall use the Administrative and Audit
    Requirements and Cost Principles for Assistance Programs contained in 43
    CFR part 12 as the regulatory requirements: Provided further, That such
    grants shall not be subject to section 12.61 of 43 CFR; the Secretary
    and the grantee shall negotiate and determine a schedule of payments for
    the work to be performed: Provided further, That in considering
    applications, the Secretary shall consider whether the Indian tribe or
    tribal organization would be deficient in assuring that the construction
    projects conform to applicable building standards and codes and Federal,
    tribal, or State health and safety standards as required by 25 U.S.C.
    2005(a), with respect to organizational and financial management
    capabilities: Provided further, That if the Secretary declines an
    application, the Secretary shall follow the requirements contained in 25
    U.S.C. 2505(f ): Provided further, That any disputes between the
    Secretary and any grantee concerning a grant shall be subject to the
    disputes provision in 25 U.S.C. 2508(e): Provided further, That
    notwithstanding any other provision of law, collections from the
    settlements between the United States and the Puyallup tribe concerning
    Chief Leschi school are made available for school construction in fiscal
    year 2000 and hereafter.

     indian land and water claim settlements and miscellaneous payments to
                                     indians

        For miscellaneous payments to Indian tribes and individuals and for
    necessary administrative expenses, $27,256,000, to remain

    [[Page 113 STAT. 1501A-150]]

    available until expended; of which $25,260,000 shall be available for
    implementation of enacted Indian land and water claim settlements
    pursuant to Public Laws 101-618 and 102-575, and for implementation of
    other enacted water rights settlements; and of which $1,871,000 shall be
    available pursuant to Public Laws 99-264, 100-383, 103-402 and 100-580.

                     indian guaranteed loan program account

        For the cost of guaranteed loans, $4,500,000, as authorized by the
    Indian Financing Act of 1974, as amended: Provided, That such costs,
    including the cost of modifying such loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974: Provided further,
    That these funds are available to subsidize total loan principal, any
    part of which is to be guaranteed, not to exceed $59,682,000.
         In addition, for administrative expenses to carry out the
    guaranteed loan programs, $508,000.

                            administrative provisions

        The Bureau of Indian Affairs may carry out the operation of Indian
    programs by direct expenditure, contracts, cooperative agreements,
    compacts and grants, either directly or in cooperation with States and
    other organizations.
        Appropriations for the Bureau of Indian Affairs (except the
    revolving fund for loans, the Indian loan guarantee and insurance fund,
    and the Indian Guaranteed Loan Program account) shall be available for
    expenses of exhibits, and purchase of not to exceed 229 passenger motor
    vehicles, of which not to exceed 187 shall be for replacement only.
        Notwithstanding any other provision of law, no funds available to
    the Bureau of Indian Affairs for central office operations or pooled
    overhead general administration (except facilities operations and
    maintenance) shall be available for tribal contracts, grants, compacts,
    or cooperative agreements with the Bureau of Indian Affairs under the
    provisions of the Indian Self-Determination Act or the Tribal Self-
    Governance Act of 1994 (Public Law 103-413).
        In the event any tribe returns appropriations made available by this
    Act to the Bureau of Indian Affairs for distribution to other tribes,
    this action shall not diminish the Federal Government's trust
    responsibility to that tribe, or the government-to-government
    relationship between the United States and that tribe, or that tribe's
    ability to access future appropriations.
        Notwithstanding any other provision of law, no funds available to
    the Bureau, other than the amounts provided herein for assistance to
    public schools under 25 U.S.C. 452 et seq., shall be available to
    support the operation of any elementary or secondary school in the State
    of Alaska.
        Appropriations made available in this or any other Act for schools
    funded by the Bureau shall be available only to the schools in the
    Bureau school system as of September 1, 1996. No funds available to the
    Bureau shall be used to support expanded grades for any school or
    dormitory beyond the grade structure in place or approved by the
    Secretary of the Interior at each school in the Bureau school system as
    of October 1, 1995. Funds made available under this Act may not be used
    to establish a charter school at a Bureau-funded school (as that term is
    defined in section

    [[Page 113 STAT. 1501A-151]]

    1146 of the Education Amendments of 1978 (25 U.S.C. 2026)), except that
    a charter school that is in existence on the date of the enactment of
    this Act and that has operated at a Bureau-funded school before
    September 1, 1999, may continue to operate during that period, but only
    if the charter school pays to the Bureau a pro-rata share of funds to
    reimburse the Bureau for the use of the real and personal property
    (including buses and vans), the funds of the charter school are kept
    separate and apart from Bureau funds, and the Bureau does not assume any
    obligation for charter school programs of the State in which the school
    is located if the charter school loses such funding. Employees of
    Bureau-funded schools sharing a campus with a charter school and
    performing functions related to the charter school's operation and
    employees of a charter school shall not be treated as Federal employees
    for purposes of chapter 171 of title 28, United States Code (commonly
    known as the ``Federal Tort Claims Act''). Not later than June 15, 2000,
    the Secretary of the Interior shall evaluate the effectiveness of
    Bureau-funded schools sharing facilities with charter schools in the
    manner described in the preceding sentence and prepare and submit a
    report on the finding of that evaluation to the Committees on
    Appropriations of the Senate and of the House.
        The Tate Topa Tribal School, the Black Mesa Community School, the
    Alamo Navajo School, and other Bureau-funded schools subject to the
    approval of the Secretary of the Interior, may use prior year school
    operations funds for the replacement or repair of Bureau of Indian
    Affairs education facilities which are in compliance with 25 U.S.C.
    2005(a) and which shall be eligible for operation and maintenance
    support to the same extent as other Bureau of Indian Affairs education
    facilities: Provided, That any additional construction costs for
    replacement or repair of such facilities begun with prior year funds
    shall be completed exclusively with non-Federal funds.

                              Departmental Offices

                                 Insular Affairs

                            assistance to territories

        For expenses necessary for assistance to territories under the
    jurisdiction of the Department of the Interior, $70,171,000, of which:
    (1) $66,076,000 shall be available until expended for technical
    assistance, including maintenance assistance, disaster assistance,
    insular management controls, coral reef initiative activities, and brown
    tree snake control and research; grants to the judiciary in American
    Samoa for compensation and expenses, as authorized by law (48 U.S.C.
    1661(c)); grants to the Government of American Samoa, in addition to
    current local revenues, for construction and support of governmental
    functions; grants to the Government of the Virgin Islands as authorized
    by law; grants to the Government of Guam, as authorized by law; and
    grants to the Government of the Northern Mariana Islands as authorized
    by law (Public Law 94-241; 90 Stat. 272); and (2) $4,095,000 shall be
    available for salaries and expenses of the Office of Insular Affairs:
    Provided, That all financial transactions of the territorial and local
    governments herein provided for, including such transactions of all
    agencies or instrumentalities established or used by such governments,

    [[Page 113 STAT. 1501A-152]]

    may be audited by the General Accounting Office, at its discretion, in
    accordance with chapter 35 of title 31, United States Code: Provided
    further, That Northern Mariana Islands Covenant grant funding shall be
    provided according to those terms of the Agreement of the Special
    Representatives on Future United States Financial Assistance for the
    Northern Mariana Islands approved by Public Law 104-134: Provided
    further, That Public Law 94-241, as amended, is further amended: (1) in
    section 4(b) by striking ``2002'' and inserting ``1999'' and by striking
    the comma after ``$11,000,000 annually'' and inserting the following:
    ``and for fiscal year 2000, payments to the Commonwealth of the Northern
    Mariana Islands shall be $5,580,000, but shall return to the level of
    $11,000,000 annually for fiscal years 2001 and 2002. In fiscal year
    2003, the payment to the Commonwealth of the Northern Mariana Islands
    shall be $5,420,000. Such payments shall be''; and (2) in section (4)(c)
    by adding a new subsection as follows: ``(4) for fiscal year 2000,
    $5,420,000 shall be provided to the Virgin Islands for correctional
    facilities and other projects mandated by Federal law.'': Provided
    further, That of the amounts provided for technical assistance,
    sufficient funding shall be made available for a grant to the Close Up
    Foundation: Provided further, That the funds for the program of
    operations and maintenance improvement are appropriated to
    institutionalize routine operations and maintenance improvement of
    capital infrastructure in American Samoa, Guam, the Virgin Islands, the
    Commonwealth of the Northern Mariana Islands, the Republic of Palau, the
    Republic of the Marshall Islands, and the Federated States of Micronesia
    through assessments of long-range operations maintenance needs, improved
    capability of local operations and maintenance institutions and agencies
    (including management and vocational education training), and project-
    specific maintenance (with territorial participation and cost sharing to
    be determined by the Secretary based on the individual territory's
    commitment to timely maintenance of its capital assets): Provided
    further, That any appropriation for disaster assistance under this
    heading in this Act or previous appropriations Acts may be used as non-
    Federal matching funds for the purpose of hazard mitigation grants
    provided pursuant to section 404 of the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act (42 U.S.C. 5170c).

                           compact of free association

        For economic assistance and necessary expenses for the Federated
    States of Micronesia and the Republic of the Marshall Islands as
    provided for in sections 122, 221, 223, 232, and 233 of the Compact of
    Free Association, and for economic assistance and necessary expenses for
    the Republic of Palau as provided for in sections 122, 221, 223, 232,
    and 233 of the Compact of Free Association, $20,545,000, to remain
    available until expended, as authorized by Public Law 99-239 and Public
    Law 99-658.

                             Departmental Management

                              salaries and expenses

        For necessary expenses for management of the Department of the
    Interior, $62,864,000, of which not to exceed $8,500 may be for official
    reception and representation expenses and of which

    [[Page 113 STAT. 1501A-153]]

    up to $1,000,000 shall be available for workers compensation payments
    and unemployment compensation payments associated with the orderly
    closure of the United States Bureau of Mines.

                             Office of the Solicitor

                              salaries and expenses

        For necessary expenses of the Office of the Solicitor, $40,196,000.

                           Office of Inspector General

                              salaries and expenses

                           office of inspector general

        For necessary expenses of the Office of Inspector General,
    $26,086,000.

                 Office of Special Trustee for American Indians

                             federal trust programs

        For operation of trust programs for Indians by direct expenditure,
    contracts, cooperative agreements, compacts, and grants, $90,025,000, to
    remain available until expended: Provided, That funds for trust
    management improvements may be transferred, as needed, to the Bureau of
    Indian Affairs ``Operation of Indian Programs'' account and to the
    Departmental Management ``Salaries and Expenses'' account: Provided
    further, That funds made available to Tribes and Tribal organizations
    through contracts or grants obligated during fiscal year 2000, as
    authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 450
    et seq.), shall remain available until expended by the contractor or
    grantee: Provided further, That notwithstanding any other provision of
    law, the statute of limitations shall not commence to run on any claim,
    including any claim in litigation pending on the date of the enactment
    of this Act, concerning losses to or mismanagement of trust funds, until
    the affected tribe or individual Indian has been furnished with an
    accounting of such funds from which the beneficiary can determine
    whether there has been a loss: Provided further, That notwithstanding
    any other provision of law, the Secretary shall not be required to
    provide a quarterly statement of performance for any Indian trust
    account that has not had activity for at least 18 months and has a
    balance of $1.00 or less: Provided further, That the Secretary shall
    issue an annual account statement and maintain a record of any such
    accounts and shall permit the balance in each such account to be
    withdrawn upon the express written request of the account holder.

                         indian land consolidation pilot

                            indian land consolidation

        For implementation of a pilot program for consolidation of
    fractional interests in Indian lands by direct expenditure or
    cooperative agreement, $5,000,000 to remain available until expended and
    which shall be transferred to the Bureau of Indian Affairs, of

    [[Page 113 STAT. 1501A-154]]

    which not to exceed $500,000 shall be available for administrative
    expenses: Provided, That the Secretary may enter into a cooperative
    agreement, which shall not be subject to Public Law 93-638, as amended,
    with a tribe having jurisdiction over the pilot reservation to implement
    the program to acquire fractional interests on behalf of such tribe:
    Provided further, That the Secretary may develop a reservation-wide
    system for establishing the fair market value of various types of lands
    and improvements to govern the amounts offered for acquisition of
    fractional interests: Provided further, That acquisitions shall be
    limited to one or more pilot reservations as determined by the
    Secretary: Provided further, That funds shall be available for
    acquisition of fractional interest in trust or restricted lands with the
    consent of its owners and at fair market value, and the Secretary shall
    hold in trust for such tribe all interests acquired pursuant to this
    pilot program: Provided further, That all proceeds from any lease,
    resource sale contract, right-of-way or other transaction derived from
    the fractional interest shall be credited to this appropriation, and
    remain available until expended, until the purchase price paid by the
    Secretary under this appropriation has been recovered from such
    proceeds: Provided further, That once the purchase price has been
    recovered, all subsequent proceeds shall be managed by the Secretary for
    the benefit of the applicable tribe or paid directly to the tribe.

               Natural Resource Damage Assessment and Restoration

                     natural resource damage assessment fund

        To conduct natural resource damage assessment activities by the
    Department of the Interior necessary to carry out the provisions of the
    Comprehensive Environmental Response, Compensation, and Liability Act,
    as amended (42 U.S.C. 9601 et seq.), Federal Water Pollution Control
    Act, as amended (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990
    (Public Law 101-380), and Public Law 101-337, $5,400,000, to remain
    available until expended.

                            administrative provisions

        There is hereby authorized for acquisition from available resources
    within the Working Capital Fund, 15 aircraft, 10 of which shall be for
    replacement and which may be obtained by donation, purchase or through
    available excess surplus property: Provided, That notwithstanding any
    other provision of law, existing aircraft being replaced may be sold,
    with proceeds derived or trade-in value used to offset the purchase
    price for the replacement aircraft: Provided further, That no programs
    funded with appropriated funds in the ``Departmental Management'',
    ``Office of the Solicitor'', and ``Office of Inspector General'' may be
    augmented through the Working Capital Fund or the Consolidated Working
    Fund.

                 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

        Sec. 101. Appropriations made in this title shall be available for
    expenditure or transfer (within each bureau or office), with the
    approval of the Secretary, for the emergency reconstruction,
    replacement, or repair of aircraft, buildings, utilities, or other
    facilities or equipment damaged or destroyed by fire, flood, storm, or
    other unavoidable causes: Provided, That no funds shall be made

    [[Page 113 STAT. 1501A-155]]

    available under this authority until funds specifically made available
    to the Department of the Interior for emergencies shall have been
    exhausted: Provided further, That all funds used pursuant to this
    section are hereby designated by Congress to be ``emergency
    requirements'' pursuant to section 251(b)(2)(A) of the Balanced Budget
    and Emergency Deficit Control Act of 1985, and must be replenished by a
    supplemental appropriation which must be requested as promptly as
    possible.
        Sec. 102. The Secretary may authorize the expenditure or transfer of
    any no year appropriation in this title, in addition to the amounts
    included in the budget programs of the several agencies, for the
    suppression or emergency prevention of forest or range fires on or
    threatening lands under the jurisdiction of the Department of the
    Interior; for the emergency rehabilitation of burned-over lands under
    its jurisdiction; for emergency actions related to potential or actual
    earthquakes, floods, volcanoes, storms, or other unavoidable causes; for
    contingency planning subsequent to actual oil spills; for response and
    natural resource damage assessment activities related to actual oil
    spills; for the prevention, suppression, and control of actual or
    potential grasshopper and Mormon cricket outbreaks on lands under the
    jurisdiction of the Secretary, pursuant to the authority in section
    1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
    projects under section 410 of Public Law 95-87; and shall transfer, from
    any no year funds available to the Office of Surface Mining Reclamation
    and Enforcement, such funds as may be necessary to permit assumption of
    regulatory authority in the event a primacy State is not carrying out
    the regulatory provisions of the Surface Mining Act: Provided, That
    appropriations made in this title for fire suppression purposes shall be
    available for the payment of obligations incurred during the preceding
    fiscal year, and for reimbursement to other Federal agencies for
    destruction of vehicles, aircraft, or other equipment in connection with
    their use for fire suppression purposes, such reimbursement to be
    credited to appropriations currently available at the time of receipt
    thereof: Provided further, That for emergency rehabilitation and
    wildfire suppression activities, no funds shall be made available under
    this authority until funds appropriated to ``Wildland Fire Management''
    shall have been exhausted: Provided further, That all funds used
    pursuant to this section are hereby designated by Congress to be
    ``emergency requirements'' pursuant to section 251(b)(2)(A) of the
    Balanced Budget and Emergency Deficit Control Act of 1985, and must be
    replenished by a supplemental appropriation which must be requested as
    promptly as possible: Provided further, That such replenishment funds
    shall be used to reimburse, on a pro rata basis, accounts from which
    emergency funds were transferred.
        Sec. 103. Appropriations made in this title shall be available for
    operation of warehouses, garages, shops, and similar facilities,
    wherever consolidation of activities will contribute to efficiency or
    economy, and said appropriations shall be reimbursed for services
    rendered to any other activity in the same manner as authorized by
    sections 1535 and 1536 of title 31, United States Code: Provided, That
    reimbursements for costs and supplies, materials, equipment, and for
    services rendered may be credited to the appropriation current at the
    time such reimbursements are received.
        Sec. 104. Appropriations made to the Department of the Interior in
    this title shall be available for services as authorized

    [[Page 113 STAT. 1501A-156]]

    by 5 U.S.C. 3109, when authorized by the Secretary, in total amount not
    to exceed $500,000; hire, maintenance, and operation of aircraft; hire
    of passenger motor vehicles; purchase of reprints; payment for telephone
    service in private residences in the field, when authorized under
    regulations approved by the Secretary; and the payment of dues, when
    authorized by the Secretary, for library membership in societies or
    associations which issue publications to members only or at a price to
    members lower than to subscribers who are not members.
        Sec. 105. Appropriations available to the Department of the Interior
    for salaries and expenses shall be available for uniforms or allowances
    therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).
        Sec. 106. Appropriations made in this title shall be available for
    obligation in connection with contracts issued for services or rentals
    for periods not in excess of 12 months beginning at any time during the
    fiscal year.
        Sec. 107. No funds provided in this title may be expended by the
    Department of the Interior for the conduct of offshore leasing and
    related activities placed under restriction in the President's
    moratorium statement of June 26, 1990, in the areas of northern,
    central, and southern California; the North Atlantic; Washington and
    Oregon; and the eastern Gulf of Mexico south of 26 degrees north
    latitude and east of 86 degrees west longitude.
        Sec. 108. No funds provided in this title may be expended by the
    Department of the Interior for the conduct of offshore oil and natural
    gas preleasing, leasing, and related activities, on lands within the
    North Aleutian Basin planning area.
        Sec. 109. No funds provided in this title may be expended by the
    Department of the Interior to conduct offshore oil and natural gas
    preleasing, leasing and related activities in the eastern Gulf of Mexico
    planning area for any lands located outside Sale 181, as identified in
    the final Outer Continental Shelf 5-Year Oil and Gas Leasing Program,
    1997-2002.
        Sec. 110. No funds provided in this title may be expended by the
    Department of the Interior to conduct oil and natural gas preleasing,
    leasing and related activities in the Mid-Atlantic and South Atlantic
    planning areas.
        Sec. 111. Advance payments made under this title to Indian tribes,
    tribal organizations, and tribal consortia pursuant to the Indian Self-
    Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or
    the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may
    be invested by the Indian tribe, tribal organization, or consortium
    before such funds are expended for the purposes of the grant, compact,
    or annual funding agreement so long as such funds are--
                (1) invested by the Indian tribe, tribal organization, or
            consortium only in obligations of the United States, or in
            obligations or securities that are guaranteed or insured by the
            United States, or mutual (or other) funds registered with the
            Securities and Exchange Commission and which only invest in
            obligations of the United States or securities that are
            guaranteed or insured by the United States; or
                (2) deposited only into accounts that are insured by an
            agency or instrumentality of the United States, or are fully
            collateralized to ensure protection of the funds, even in the
            event of a bank failure.

    [[Page 113 STAT. 1501A-157]]

        Sec. 112. (a) Employees of Helium Operations, Bureau of Land
    Management, entitled to severance pay under 5 U.S.C. 5595, may apply
    for, and the Secretary of the Interior may pay, the total amount of the
    severance pay to the employee in a lump sum. Employees paid severance
    pay in a lump sum and subsequently reemployed by the Federal Government
    shall be subject to the repayment provisions of 5 U.S.C. 5595(i)(2) and
    (3), except that any repayment shall be made to the Helium Fund.
        (b) Helium Operations employees who elect to continue health
    benefits after separation shall be liable for not more than the required
    employee contribution under 5 U.S.C. 8905a(d)(1)(A). The Helium Fund
    shall pay for 18 months the remaining portion of required contributions.
        (c) The Secretary of the Interior may provide for training to assist
    Helium Operations employees in the transition to other Federal or
    private sector jobs during the facility shut-down and disposition
    process and for up to 12 months following separation from Federal
    employment, including retraining and relocation incentives on the same
    terms and conditions as authorized for employees of the Department of
    Defense in section 348 of the National Defense Authorization Act for
    Fiscal Year 1995.
        (d) For purposes of the annual leave restoration provisions of 5
    U.S.C. 6304(d)(1)(B), the cessation of helium production and sales, and
    other related Helium Program activities shall be deemed to create an
    exigency of public business under, and annual leave that is lost during
    leave years 1997 through 2001 because of 5 U.S.C. 6304 (regardless of
    whether such leave was scheduled in advance) shall be restored to the
    employee and shall be credited and available in accordance with 5 U.S.C.
    6304(d)(2). Annual leave so restored and remaining unused upon the
    transfer of a Helium Program employee to a position of the executive
    branch outside of the Helium Program shall be liquidated by payment to
    the employee of a lump sum from the Helium Fund for such leave.
        (e) Benefits under this section shall be paid from the Helium Fund
    in accordance with section 4(c)(4) of the Helium Privatization Act of
    1996. Funds may be made available to Helium Program employees who are or
    will be separated before October 1, 2002 because of the cessation of
    helium production and sales and other related activities. Retraining
    benefits, including retraining and relocation incentives, may be paid
    for retraining commencing on or before September 30, 2002.
        (f ) This section shall remain in effect through fiscal year 2002.
        Sec. 113. Notwithstanding any other provision of law, including but
    not limited to the Indian Self-Determination Act of 1975, as amended,
    hereafter funds available to the Department of the Interior for Indian
    self-determination or self-governance contract or grant support costs
    may be expended only for costs directly attributable to contracts,
    grants and compacts pursuant to the Indian Self-Determination Act of
    1975 and hereafter funds appropriated in this title shall not be
    available for any contract support costs or indirect costs associated
    with any contract, grant, cooperative agreement, self-governance compact
    or funding agreement entered into between an Indian tribe or tribal
    organization and any entity other than an agency of the Department of
    the Interior.
        Sec. 114. Notwithstanding any other provisions of law, the National
    Park Service shall not develop or implement a reduced entrance fee
    program to accommodate non-local travel through a

    [[Page 113 STAT. 1501A-158]]

    unit. The Secretary may provide for and regulate local non-recreational
    passage through units of the National Park System, allowing each unit to
    develop guidelines and permits for such activity appropriate to that
    unit.
        Sec. 115. Notwithstanding any other provision of law, in fiscal year
    2000 and thereafter, the Secretary is authorized to permit persons,
    firms or organizations engaged in commercial, cultural, educational, or
    recreational activities (as defined in section 612a of title 40, United
    States Code) not currently occupying such space to use courtyards,
    auditoriums, meeting rooms, and other space of the main and south
    Interior building complex, Washington, D.C., the maintenance, operation,
    and protection of which has been delegated to the Secretary from the
    Administrator of General Services pursuant to the Federal Property and
    Administrative Services Act of 1949, and to assess reasonable charges
    therefore, subject to such procedures as the Secretary deems appropriate
    for such uses. Charges may be for the space, utilities, maintenance,
    repair, and other services. Charges for such space and services may be
    at rates equivalent to the prevailing commercial rate for comparable
    space and services devoted to a similar purpose in the vicinity of the
    main and south Interior building complex, Washington, D.C., for which
    charges are being assessed. The Secretary may without further
    appropriation hold, administer, and use such proceeds within the
    Departmental Management Working Capital Fund to offset the operation of
    the buildings under his jurisdiction, whether delegated or otherwise,
    and for related purposes, until expended.
        Sec. 116. Notwithstanding any other provision of law, the Steel
    Industry American Heritage Area, authorized by Public Law 104-333, is
    hereby renamed the Rivers of Steel National Heritage Area.
        Sec. 117. (a) In this section--
                (1) the term ``Huron Cemetery'' means the lands that form
            the cemetery that is popularly known as the Huron Cemetery,
            located in Kansas City, Kansas, as described in subsection
            (b)(3); and
                (2) the term ``Secretary'' means the Secretary of the
            Interior.

        (b)(1) The Secretary shall take such action as may be necessary to
    ensure that the lands comprising the Huron Cemetery (as described in
    paragraph (3)) are used only in accordance with this subsection.
        (2) The lands of the Huron Cemetery shall be used only--
                (A) for religious and cultural uses that are compatible with
            the use of the lands as a cemetery; and
                (B) as a burial ground.

        (3) The description of the lands of the Huron Cemetery is as
    follows:
        The tract of land in the NW quarter of sec. 10, T. 11 S., R. 25 E.,
    of the sixth principal meridian, in Wyandotte County, Kansas (as
    surveyed and marked on the ground on August 15, 1888, by William Millor,
    Civil Engineer and Surveyor), described as follows:
                ``Commencing on the Northwest corner of the Northwest
            Quarter of the Northwest Quarter of said Section 10;
                ``Thence South 28 poles to the `true point of beginning';
                ``Thence South 71 degrees East 10 poles and 18 links;
                ``Thence South 18 degrees and 30 minutes West 28 poles;

    [[Page 113 STAT. 1501A-159]]

                ``Thence West 11 and one-half poles;
                ``Thence North 19 degrees 15 minutes East 31 poles and 15
            feet to the `true point of beginning', containing 2 acres or
            more.''.

        Sec. 118. Refunds or rebates received on an on-going basis from a
    credit card services provider under the Department of the Interior's
    charge card programs may be deposited to and retained without fiscal
    year limitation in the Departmental Working Capital Fund established
    under 43 U.S.C. 1467 and used to fund management initiatives of general
    benefit to the Department of the Interior's bureaus and offices as
    determined by the Secretary or his designee.
        Sec. 119. Appropriations made in this title under the headings
    Bureau of Indian Affairs and Office of Special Trustee for American
    Indians and any available unobligated balances from prior appropriations
    Acts made under the same headings, shall be available for expenditure or
    transfer for Indian trust management activities pursuant to the Trust
    Management Improvement Project High Level Implementation Plan.
        Sec. 120. All properties administered by the National Park Service
    at Fort Baker, Golden Gate National Recreation Area, and leases,
    concessions, permits and other agreements associated with those
    properties, hereafter shall be exempt from all taxes and special
    assessments, except sales tax, by the State of California and its
    political subdivisions, including the County of Marin and the City of
    Sausalito. Such areas of Fort Baker shall remain under exclusive Federal
    jurisdiction.
        Sec. 121. Notwithstanding any provision of law, the Secretary of the
    Interior is authorized to negotiate and enter into agreements and
    leases, without regard to section 321 of chapter 314 of the Act of June
    30, 1932 (40 U.S.C. 303b), with any person, firm, association,
    organization, corporation, or governmental entity for all or part of the
    property within Fort Baker administered by the Secretary as part of
    Golden Gate National Recreation Area. The proceeds of the agreements or
    leases shall be retained by the Secretary and such proceeds shall be
    available, without future appropriation, for the preservation,
    restoration, operation, maintenance and interpretation and related
    expenses incurred with respect to Fort Baker properties.
        Sec. 122. Section 211(d) of division I of the Omnibus Parks and
    Public Lands Management Act of 1996 (Public Law 104-333; 110 Stat. 4110;
    16 U.S.C. 81p) is amended by striking ``depicted on the map dated August
    1993, numbered 333/80031A,'' and inserting ``depicted on the map dated
    August 1996, numbered 333/80031B,''.
        Sec. 123. A grazing permit or lease that expires (or is transferred)
    during fiscal year 2000 shall be renewed under section 402 of the
    Federal Land Policy and Management Act of 1976, as amended (43 U.S.C.
    1752) or if applicable, section 510 of the California Desert Protection
    Act (16 U.S.C. 410aaa-50). The terms and conditions contained in the
    expiring permit or lease shall continue in effect under the new permit
    or lease until such time as the Secretary of the Interior completes
    processing of such permit or lease in compliance with all applicable
    laws and regulations, at which time such permit or lease may be
    canceled, suspended or modified, in whole or in part, to meet the
    requirements of

    [[Page 113 STAT. 1501A-160]]

    such applicable laws and regulations. Nothing in this section shall be
    deemed to alter the Secretary's statutory authority.
        Sec. 124. Notwithstanding any other provision of law, for the
    purpose of reducing the backlog of Indian probate cases in the
    Department of the Interior, the hearing requirements of chapter 10 of
    title 25, United States Code, are deemed satisfied by a proceeding
    conducted by an Indian probate judge, appointed by the Secretary without
    regard to the provisions of title 5, United States Code, governing the
    appointments in the competitive service, for such period of time as the
    Secretary determines necessary: Provided, That the Secretary may only
    appoint such Indian probate judges if, by January 1, 2000, the Secretary
    is unable to secure the services of at least 10 qualified Administrative
    Law Judges on a temporary basis from other agencies and/or through
    appointing retired Administrative Law Judges: Provided further, That the
    basic pay of an Indian probate judge so appointed may be fixed by the
    Secretary without regard to the provisions of chapter 51, and subchapter
    III of chapter 53 of title 5, United States Code, governing the
    classification and pay of General Schedule employees, except that no
    such Indian probate judge may be paid at a level which exceeds the
    maximum rate payable for the highest grade of the General Schedule,
    including locality pay.
        Sec. 125. (a) Loan To Be Granted.--Notwithstanding any other
    provision of law or of this Act, the Secretary of the Interior
    (hereinafter the ``Secretary''), in consultation with the Secretary of
    the Treasury, shall make available to the Government of American Samoa
    (hereinafter ``ASG''), the benefits of a loan in the amount of
    $18,600,000 bearing interest at a rate equal to the United States
    Treasury cost of borrowing for obligations of similar duration.
    Repayment of the loan shall be secured and accomplished pursuant to this
    section with funds, as they become due and payable to ASG from the
    Escrow Account established under the terms and conditions of the Tobacco
    Master Settlement Agreement (and the subsequent Enforcing Consent
    Decree) (hereinafter collectively referred to as ``the Agreement'')
    entered into by the parties November 23, 1998, and judgment granted by
    the High Court of American Samoa on January 5, 1999 (Civil Action 119-
    98, American Samoa Government v. Philip Morris Tobacco Co., et. al.).
        (b) Conditions Regarding Loan Proceeds.--Except as provided under
    subsection (e), no proceeds of the loan described in this section shall
    become available until ASG--
                (1) has enacted legislation, or has taken such other or
            additional official action as the Secretary may deem
            satisfactory to secure and ensure repayment of the loan,
            irrevocably transferring and assigning for payment to the
            Department of the Interior (or to the Department of the
            Treasury, upon agreement between the Secretaries of such
            departments) all amounts due and payable to ASG under the terms
            and conditions of the Agreement for a period of 26 years with
            the first payment beginning in 2000, such repayment to be
            further secured by a pledge of the full faith and credit of ASG;
                (2) has entered into an agreement or memorandum of
            understanding described in subsection (c) with the Secretary
            identifying with specificity the manner in which approximately
            $14,300,000 of the loan proceeds will be used to pay debts of
            ASG incurred prior to April 15, 1999; and

    [[Page 113 STAT. 1501A-161]]

                (3) has provided to the Secretary an initial plan of fiscal
            and managerial reform as described in subsection (d) designed to
            bring the ASG's annual operating expenses into balance with
            projected revenues for the years 2003 and beyond, and
            identifying the manner in which approximately $4,300,000 of the
            loan proceeds will be utilized to facilitate implementation of
            the plan.

        (c) Procedure and Priorities for Debt Payments.--
                (1) In structuring the agreement or memorandum of
            understanding identified in subsection (b)(2), the ASG and the
            Secretary shall include provisions, which create priorities for
            the payment of creditors in the following order--
                        (A) debts incurred for services, supplies,
                    facilities, equipment and materials directly connected
                    with the provision of health, safety and welfare
                    functions for the benefit of the general population of
                    American Samoa (including, but not limited to, health
                    care, fire and police protection, educational programs
                    grades K-12, and utility services for facilities
                    belonging to or utilized by ASG and its agencies),
                    wherein the creditor agrees to compromise and settle the
                    existing debt for a payment not exceeding 75 percent of
                    the amount owed, shall be given the highest priority for
                    payment from the loan proceeds under this section;
                        (B) debts not exceeding a total amount of $200,000
                    owed to a single provider and incurred for any
                    legitimate governmental purpose for the benefit of the
                    general population of American Samoa, wherein the
                    creditor agrees to compromise and settle the existing
                    debt for a payment not exceeding 70 percent of the
                    amount owed, shall be given the second highest priority
                    for payment from the loan proceeds under this section;
                        (C) debts exceeding a total amount of $200,000 owed
                    to a single provider and incurred for any legitimate
                    governmental purpose for the benefit of the general
                    population of American Samoa, wherein the creditor
                    agrees to compromise and settle the existing debt for a
                    payment not exceeding 65 percent of the amount owed,
                    shall be given the third highest priority for payment
                    from the loan proceeds under this section;
                        (D) other debts regardless of total amount owed or
                    purpose for which incurred, wherein the creditor agrees
                    to compromise and settle the existing debt for a payment
                    not exceeding 60 percent of the amount owed, shall be
                    given the fourth highest priority for payment from the
                    loan proceeds under this section;
                        (E) debts described in subparagraphs (A), (B), (C),
                    and (D) of this paragraph, wherein the creditor declines
                    to compromise and settle the debt for the percentage of
                    the amount owed as specified under the applicable
                    subparagraph, shall be given the lowest priority for
                    payment from the loan proceeds under this section.
                (2) The agreement described in subsection (b)(2) shall also
            generally provide a framework whereby the Governor of American
            Samoa shall, from time-to-time, be required to give 10 business
            days notice to the Secretary that ASG will make payment in
            accordance with this section to specified creditors and the
            amount which will be paid to each of such creditors.

    [[Page 113 STAT. 1501A-162]]

            Upon issuance of payments in accordance with the notice, the
            Governor shall immediately confirm such payments to the
            Secretary, and the Secretary shall within three business days
            following receipt of such confirmation transfer from the loan
            proceeds an amount sufficient to reimburse ASG for the payments
            made to creditors.
                (3) The agreement may contain such other provisions as are
            mutually agreeable, and which are calculated to simplify and
            expedite the payment of existing debt under this section and
            ensure the greatest level of compromise and settlement with
            creditors in order to maximize the retirement of ASG debt.

        (d) Fiscal and Managerial Reform Program.--
                (1) The initial plan of fiscal and managerial reform,
            designed to bring ASG's annual operating expenses into balance
            with projected revenues for the years 2003 and beyond as
            required under subsection (b)(3), should identify specific
            measures which will be implemented by ASG to accomplish such
            goal, the anticipated reduction in government operating expense
            which will be achieved by each measure, and should include a
            timetable for attainment of each reform measure identified
            therein.
                (2) The initial plan should also identify with specificity
            the manner in which approximately $4,300,000 of the loan
            proceeds will be utilized to assist in meeting the reform plan's
            targets within the timetable specified through the use of
            incentives for early retirement, severance pay packages,
            outsourcing services, or any other expenditures for program
            elements reasonably calculated to result in reduced future
            operating expenses for ASG on a long term basis.
                (3) Upon receipt of the initial plan, the Secretary shall
            consult with the Governor of American Samoa, and shall make any
            recommendations deemed reasonable and prudent to ensure the
            goals of reform are achieved. The reform plan shall contain
            objective criteria that can be documented by a competent third
            party, mutually agreeable to the Governor and the Secretary. The
            plan shall include specific targets for reducing the amounts of
            ASG local revenues expended on government payroll and overhead
            (including contracts for consulting services), and may include
            provisions which allow modest increases in support of the LBJ
            Hospital Authority reasonably calculated to assist the Authority
            implement reforms which will lead to an independent audit
            indicating annual expenditures at or below annual Authority
            receipts.
                (4) The Secretary shall enter into an agreement with the
            Governor similar to that specified in subsection (c)(2) of this
            section, enabling ASG to make payments as contemplated in the
            reform plan and then to receive reimbursement from the Secretary
            out of the portion of loan proceeds allocated for the
            implementation of fiscal reforms.
                (5) Within 60 days following receipt of the initial plan,
            the Secretary shall approve an interim final plan reasonably
            calculated to make substantial progress toward overall reform.
            The Secretary shall provide copies of the plan, and any
            subsequent modifications, to the House Committee on Resources,
            the House Committee on Appropriations Subcommittee on the
            Department of the Interior and Related Agencies, the Senate

    [[Page 113 STAT. 1501A-163]]

            Committee on Energy and Natural Resources, and the Senate
            Committee on Appropriations Subcommittee on the Department of
            the Interior and Related Agencies.
                (6) From time-to-time as deemed necessary, the Secretary
            shall consult further with the Governor of American Samoa, and
            shall approve such mutually agreeable modifications to the
            interim final plan as circumstances warrant in order to achieve
            the overall goals of ASG fiscal and managerial reforms.

        (e) Release of Loan Proceeds.--From the total proceeds of the loan
    described in this section, the Secretary shall make available--
                (1) upon compliance by ASG with paragraphs (b)(1) and (b)(2)
            of this section and in accordance with subsection (c),
            approximately $14,300,000 in reimbursements as requested from
            time-to-time by the Governor for payments to creditors;
                (2) upon compliance by ASG with paragraphs (b)(1) and (b)(3)
            of this section and in accordance with subsection (d),
            approximately $4,300,000 in reimbursements as requested from
            time-to-time by the Governor for payments associated with
            implementation of the interim final reform plan; and
                (3) notwithstanding paragraphs (1) and (2) of this
            subsection, at any time the Secretary and the Governor mutually
            determine that the amount necessary to fund payments under
            paragraph (2) will total less than $4,300,000 then the Secretary
            may approve the amount of any unused portion of such sum for
            additional payments against ASG debt under paragraph (1).

        (f ) Exception.-- Proceeds from the loan under this section shall be
    used solely for the purposes of debt payments and reform plan
    implementation as specified herein, except that the Secretary may
    provide an amount equal to not more than 2 percent of the total loan
    proceeds for the purpose of retaining the services of an individual or
    business entity to provide direct assistance and management expertise in
    carrying out the purposes of this section. Such individual or business
    entity shall be mutually agreeable to the Governor and the Secretary,
    may not be a current or former employee of, or contractor for, and may
    not be a creditor of ASG. Notwithstanding the preceding two sentences,
    the Governor and the Secretary may agree to also retain the services of
    any semi-autonomous agency of ASG which has established a record of
    sound management and fiscal responsibility, as evidenced by audited
    financial reports for at least three of the past 5 years, to coordinate
    with and assist any individual or entity retained under this subsection.
        (g) Construction.--The provisions of this section are expressly
    applicable only to the utilization of proceeds from the loan described
    in this section, and nothing herein shall be construed to relieve ASG
    from any lawful debt or obligation except to the extent a creditor shall
    voluntarily enter into an arms length agreement to compromise and settle
    outstanding amounts under subsection (c).
        (h) Termination.--The payment of debt and the payments associated
    with implementation of the interim final reform plan shall be completed
    not later than October 1, 2003. On such date, any unused loan proceeds
    totaling $1,000,000 or less shall be transferred by the Secretary
    directly to ASG. If the amount of unused

    [[Page 113 STAT. 1501A-164]]

    loan proceeds exceeds $1,000,000, then such amount shall be credited to
    the total of loan repayments specified in paragraph (b)(1). With
    approval of the Secretary, ASG may designate additional payments from
    time-to-time from funds available from any source, without regard to the
    original purpose of such funds.
        Sec. 126. The Secretary of the Interior, acting through the Director
    of the United States Fish and Wildlife Service and in consultation with
    the Director of the National Park Service, shall undertake the necessary
    activities to designate Midway Atoll as a National Memorial to the
    Battle of Midway. In pursuing such a designation the Secretary shall
    consult with organizations with an interest in Midway Atoll. The
    Secretary shall consult on a regular basis with such organizations,
    including the International Midway Memorial Foundation, Inc. on the
    management of the National Memorial.
        Sec. 127. Notwithstanding any other provision of law, the Secretary
    of the Interior is authorized to redistribute any Tribal Priority
    Allocation funds, including tribal base funds, to alleviate tribal
    funding inequities by transferring funds to address identified, unmet
    needs, dual enrollment, overlapping service areas or inaccurate
    distribution methodologies. No tribe shall receive a reduction in Tribal
    Priority Allocation funds of more than 10 percent in fiscal year 2000.
    Under circumstances of dual enrollment, overlapping service areas or
    inaccurate distribution methodologies, the 10 percent limitation does
    not apply.
        Sec. 128. None of the Funds provided in this Act shall be available
    to the Bureau of Indian Affairs or the Department of the Interior to
    transfer land into trust status for the Shoalwater Bay Indian Tribe in
    Clark County, Washington, unless and until the tribe and the county
    reach a legally enforceable agreement that addresses the financial
    impact of new development on the county, school district, fire district,
    and other local governments and the impact on zoning and development.
        Sec. 129. None of the funds provided in this Act may be used by the
    Department of the Interior to implement the provisions of Principle
    3(C)ii and Appendix section 3(B)(4) in Secretarial Order 3206, entitled
    ``American Indian Tribal Rights, Federal-Tribal Trust Responsibilities,
    and the Endangered Species Act''.
        Sec. 130. Of the funds appropriated in title V of the Fiscal Year
    1998 Interior and Related Agencies Appropriation Act, Public Law 105-83,
    the Secretary shall provide up to $2,000,000 in the form of a grant to
    the Fairbanks North Star Borough for acquisition of undeveloped parcels
    along the banks of the Chena River for the purpose of establishing an
    urban greenbelt within the Borough. The Secretary shall further provide
    from the funds appropriated in title V up to $1,000,000 in the form of a
    grant to the Municipality of Anchorage for the acquisition of
    approximately 34 acres of wetlands adjacent to a municipal park in
    Anchorage (the Jewel Lake Wetlands).
        Sec. 131. Funding for the Ottawa National Wildlife Refuge and
    Certain Projects in the State of Ohio. Notwithstanding any other
    provision of law, from the unobligated balances appropriated for a grant
    to the State of Ohio for the acquisition of the Howard Farm near Metzger
    Marsh, Ohio--
                (1) $500,000 shall be derived by transfer and made available
            for the acquisition of land in the Ottawa National Wildlife
            Refuge;

    [[Page 113 STAT. 1501A-165]]

                (2) $302,000 shall be derived by transfer and made available
            for the Dayton Aviation Heritage Commission, Ohio; and
                (3) $198,000 shall be derived by transfer and made available
            for a grant to the State of Ohio for the preservation and
            restoration of the birthplace, boyhood home, and schoolhouse of
            Ulysses S. Grant.

        Sec. 132. Conveyance to Nye County, Nevada. (a) Definitions.--In
    this section:
                (1) County.--The term ``County'' means Nye County, Nevada.
                (2) Secretary.--The term ``Secretary'' means the Secretary
            of the Interior, acting through the Director of the Bureau of
            Land Management.

        (b) Parcels Conveyed for Use of the Nevada Science and Technology
    Center.--
                (1) In general.--The Secretary shall convey to the County,
            subject to the requirements of 43 U.S.C. 869 and subject to
            valid existing rights, all right, title, and interest in and to
            the parcels of public land described in paragraph (2). Such
            conveyance shall be made at a price determined to be appropriate
            for the conveyance of land for educational facilities under the
            Act of June 14, 1926 (43 U.S.C. 869 et seq.) and in accordance
            with the Bureau of Land Management Document entitled
            ``Recreation and Public Purposes Act'', dated October 1994,
            under the category of Special Pricing Program Uses for
            Governmental Entities.
                (2) Land description.--The parcels of public land referred
            to in paragraph (1) are the following:
                        (A) The portion of Sec. 13 north of United States
                    Route 95, T. 15 S., R. 49 E., Mount Diablo Meridian,
                    Nevada.
                        (B) In Sec. 18, T. 15 S., R. 50 E., Mount Diablo
                    Meridian, Nevada:
                              (i) W \1/2\ W \1/2\ NW \1/4\.
                              (ii) The portion of the W \1/2\ W \1/2\ SW \1/
                          4\ north of United States Route 95.
                (3) Use.--
                        (A) In general.--The parcels described in paragraph
                    (2) shall be used for the construction and operation of
                    the Nevada Science and Technology Center as a nonprofit
                    museum and exposition center, and related facilities and
                    activities.
                        (B) Reversion.--The conveyance of any parcel
                    described in paragraph (2) shall be subject to reversion
                    to the United States, at the discretion of Secretary, if
                    the parcel is used for a purpose other than that
                    specified in subparagraph (A).

        (c) Parcels Conveyed for Other Use for a Commercial Purpose.--
                (1) Right to purchase.--For a period of 5 years beginning on
            the date of the enactment of this Act, the County shall have the
            exclusive right to purchase the parcels of public land described
            in paragraph (2) for the fair market value of the parcels, as
            determined by the Secretary.
                (2) Land description.--The parcels of public land referred
            to in paragraph (1) are the following parcels in Sec. 18, T. 15
            S., R. 50 E., Mount Diablo Meridian, Nevada:
                        (A) E \1/2\ NW \1/4\.

    [[Page 113 STAT. 1501A-166]]

                        (B) E \1/2\ W \1/2\ NW \1/4\.
                        (C) The portion of the E \1/2\ SW \1/4\ north of
                    United States Route 95.
                        (D) The portion of the E \1/2\ W \1/2\ SW \1/4\
                    north of United States Route 95.
                        (E) The portion of the SE \1/4\ north of United
                    States Route 95.
                (3) Use of proceeds.--Proceeds of a sale of a parcel
            described in paragraph (2)--
                        (A) shall be deposited in the special account
                    established under section 4(e)(1)(C) of the Southern
                    Nevada Public Land Management Act of 1998 (112 Stat.
                    2345); and
                        (B) shall be available for use by the Secretary--
                              (i) to reimburse costs incurred by the local
                          offices of the Bureau of Land Management in
                          arranging the land conveyances directed by this
                          Act; and
                              (ii) as provided in section 4(e)(3) of that
                          Act (112 Stat. 2346).

        Sec. 133. Conveyance of Land to City of Mesquite, Nevada. Section 3
    of Public Law 99-548 (100 Stat. 3061; 110 Stat. 3009-202) is amended by
    adding at the end the following:
        ``(e) Fifth Area.--
                ``(1) Right to purchase.--
                        ``(A) In general.--For a period of 12 years after
                    the date of the enactment of this Act, the City of
                    Mesquite, Nevada, subject to all appropriate
                    environmental reviews, including compliance with the
                    National Environmental Policy Act and the Endangered
                    Species Act, shall have the exclusive right to purchase
                    the parcels of public land described in paragraph (2).
                        ``(B) Applicability.--Subparagraph (A) shall apply
                    to a parcel of land described in paragraph (2) that has
                    not been identified for disposal in the 1998 Bureau of
                    Land Management Las Vegas Resource Management Plan only
                    if the conveyance is made under subsection (f ).
                ``(2) Land description.--The parcels of public land referred
            to in paragraph (1) are as follows:
                        ``(A) In T. 13 S., R. 70 E., Mount Diablo Meridian,
                    Nevada:
                              ``(i) The portion of sec. 27 north of
                          Interstate Route 15.
                              ``(ii) Sec. 28: NE \1/4\, S \1/2\ (except the
                          Interstate Route 15 right-of-way).
                              ``(iii) Sec. 29: E \1/2\ NE \1/4\ SE \1/4\, SE
                          \1/4\ SE \1/4\.
                              ``(iv) The portion of sec. 30 south of
                          Interstate Route 15.
                              ``(v) The portion of sec. 31 south of
                          Interstate Route 15.
                              ``(vi) Sec. 32: NE \1/4\ NE \1/4\ (except the
                          Interstate Route 15 right-of-way), the portion of
                          NW \1/4\ NE \1/4\ south of Interstate Route 15,
                          and the portion of W \1/2\ south of Interstate
                          Route 15.
                              ``(vii) The portion of sec. 33 north of
                          Interstate Route 15.
                        ``(B) In T. 13 S., R. 69 E., Mount Diablo Meridian,
                    Nevada:

    [[Page 113 STAT. 1501A-167]]

                              ``(i) The portion of sec. 25 south of
                          Interstate Route 15.
                              ``(ii) The portion of sec. 26 south of
                          Interstate Route 15.
                              ``(iii) The portion of sec. 27 south of
                          Interstate Route 15.
                              ``(iv) Sec. 28: SW \1/4\ SE \1/4\.
                              ``(v) Sec. 33: E \1/2\.
                              ``(vi) Sec. 34.
                              ``(vii) Sec. 35.
                              ``(viii) Sec. 36.
                ``(3) Notification.--Not later than 10 years after the date
            of the enactment of this subsection, the city shall notify the
            Secretary which of the parcels of public land described in
            paragraph (2) the city intends to purchase.
                ``(4) Conveyance.--Not later than 1 year after receiving
            notification from the city under paragraph (3), the Secretary
            shall convey to the city the land selected for purchase.
                ``(5) Withdrawal.--Subject to valid existing rights, until
            the date that is 12 years after the date of the enactment of
            this subsection, the parcels of public land described in
            paragraph (2) are withdrawn from all forms of entry and
            appropriation under the public land laws, including the mining
            laws, and from operation of the mineral leasing and geothermal
            leasing laws.
                ``(6) Use of proceeds.--The proceeds of the sale of each
            parcel--
                        ``(A) shall be deposited in the special account
                    established under section 4(e)(1)(C) of the Southern
                    Nevada Public Land Management Act of 1998 (112 Stat.
                    2345); and
                        ``(B) shall be available for use by the Secretary--
                              ``(i) to reimburse costs incurred by the local
                          offices of the Bureau of Land Management in
                          arranging the land conveyances directed by this
                          Act; and
                              ``(ii) as provided in section 4(e)(3) of that
                          Act (112 Stat. 2346).

        ``(f ) Sixth Area.--
                ``(1) In general.--Not later than 1 year after the date of
            the enactment of this subsection, the Secretary shall convey to
            the City of Mesquite, Nevada, in accordance with section 47125
            of title 49, United States Code, and subject to all appropriate
            environmental reviews, including compliance with the National
            Environmental Policy Act and the Endangered Species Act, up to
            2,560 acres of public land to be selected by the city from among
            the parcels of land described in paragraph (2).
                ``(2) Land description.--The parcels of land referred to in
            paragraph (1) are as follows:
                        ``(A) In T. 13 S., R. 69 E., Mount Diablo Meridian,
                    Nevada:
                              ``(i) The portion of sec. 28 south of
                          Interstate Route 15 (except S \1/2\ SE \1/4\).
                              ``(ii) The portion of sec. 29 south of
                          Interstate Route 15.
                              ``(iii) The portion of sec. 30 south of
                          Interstate Route 15.

    [[Page 113 STAT. 1501A-168]]

                              ``(iv) The portion of sec. 31 south of
                          Interstate Route 15.
                              ``(v) Sec. 32.
                              ``(vi) Sec. 33: W \1/2\.
                        ``(B) In T. 14 S., R. 69 E., Mount Diablo Meridian,
                    Nevada:
                              ``(i) Sec. 4.
                              ``(ii) Sec. 5.
                              ``(iii) Sec. 6.
                              ``(iv) Sec. 8.
                        ``(C) In T. 14 S., R. 68 E., Mount Diablo Meridian,
                    Nevada:
                              ``(i) Sec. 1.
                              ``(ii) Sec. 12.
                ``(3) Withdrawal.--Subject to valid existing rights, until
            the date that is 12 years after the date of the enactment of
            this subsection, the parcels of public land described in
            paragraph (2) are withdrawn from all forms of entry and
            appropriation under the public land laws, including the mining
            laws, and from operation of the mineral leasing and geothermal
            leasing laws.
                ``(4) If the land conveyed pursuant to this section is not
            utilized by the city as an airport, it shall revert to the
            United States, at the option of the Secretary.
                ``(5) Nothing in this section shall preclude the Secretary
            from applying appropriate terms and conditions as identified by
            the required environmental review to any conveyance made under
            this section.''.

        Sec. 134. Quadricentennial Commemoration of the Saint Croix Island
    International Historic Site. (a) Findings.--The Senate finds that--
                (1) in 1604, one of the first European colonization efforts
            was attempted at St. Croix Island in Calais, Maine;
                (2) St. Croix Island settlement predated both the Jamestown
            and Plymouth colonies;
                (3) St. Croix Island offers a rare opportunity to preserve
            and interpret early interactions between European explorers and
            colonists and Native Americans;
                (4) St. Croix Island is one of only two international
            historic sites comprised of land administered by the National
            Park Service;
                (5) the quadricentennial commemorative celebration honoring
            the importance of the St. Croix Island settlement to the
            countries and people of both Canada and the United States is
            rapidly approaching;
                (6) the 1998 National Park Service management plans and
            long-range interpretive plan call for enhancing visitor
            facilities at both Red Beach and downtown Calais;
                (7) in 1982, the Department of the Interior and Canadian
            Department of the Environment signed a memorandum of
            understanding to recognize the international significance of St.
            Croix Island and, in an amendment memorandum, agreed to conduct
            joint strategic planning for the international commemoration
            with a special focus on the 400th anniversary of settlement in
            2004;

    [[Page 113 STAT. 1501A-169]]

                (8) the Department of Canadian Heritage has installed
            extensive interpretive sites on the Canadian side of the border;
            and
                (9) current facilities at Red Beach and Calais are extremely
            limited or nonexistent for a site of this historic and cultural
            importance.

        (b) Sense of the Senate.--It is the sense of the Senate that--
                (1) using funds made available by this Act, the National
            Park Service should expeditiously pursue planning for exhibits
            at Red Beach and the town of Calais, Maine; and
                (2) the National Park Service should take what steps are
            necessary, including consulting with the people of Calais, to
            ensure that appropriate exhibits at Red Beach and the town of
            Calais are completed by 2004.

        Sec. 135. No funds appropriated for the Department of the Interior
    by this Act or any other Act shall be used to study or implement any
    plan to drain Lake Powell or to reduce the water level of the lake below
    the range of water levels required for the operation of the Glen Canyon
    Dam.
        Sec. 136. None of the funds appropriated or otherwise made available
    in this Act or any other provision of law, may be used by any officer,
    employee, department or agency of the United States to impose or require
    payment of an inspection fee in connection with the export of shipments
    of fur-bearing wildlife containing 1,000 or fewer raw, crusted, salted
    or tanned hides or fur skins, or separate parts thereof, including
    species listed under the Convention on International Trade in Endangered
    Species of Wild Fauna and Flora done at Washington, March 3, 1973 (27
    UST 1027): Provided, That this provision shall for the duration of the
    calendar year in which the shipment occurs, not apply to any person who
    ships more than 2,500 of such hides, fur skins or parts thereof during
    the course of such year.
        Sec. 137. (a) The Secretary of the Interior shall during fiscal year
    2000 reorganize and consolidate the Bureau of Indian Affairs' management
    and administrative functions based on the recommendations of the
    National Academy of Public Administration.
        (b) Bureau of Indian Affairs employees in Central Office West
    divisions that are moved due to the implementation of the National
    Academy of Public Administration recommendations, who voluntarily resign
    or retire from the Bureau of Indian Affairs on or before December 31,
    1999, may receive, from the Bureau of Indian Affairs, a lump sum
    voluntary separation incentive payment that shall be equal to the lesser
    of an amount equal to the amount the employee would be entitled to
    receive under section 5595(c) of title 5, United States Code, if the
    employee were entitled to payment under such section; or $25,000.
                (1) The voluntary separation incentive payment--
                        (A) shall not be a basis for payment, and shall not
                    be included in the computation of any other type of
                    Government benefit; and
                        (B) shall be paid from appropriations or funds
                    available for the payment of the basic pay of the
                    employee.
                (2) Employees receiving a voluntary separation incentive
            payment and accepting employment with the Federal Government
            within 5 years of the date of separation shall be required to
            repay the entire amount of the incentive payment to the Bureau
            of Indian Affairs.

    [[Page 113 STAT. 1501A-170]]

                (3) The Secretary may, at the request of the head of an
            executive branch agency, waive the repayment under paragraph (2)
            if the individual involved possesses unique abilities and is the
            only qualified applicant available for the position.
                (4) In addition to any other payment which is required to be
            made under subchapter III of chapter 83 of title 5, United
            States Code, the Bureau of Indian Affairs shall remit to the
            Office of Personnel Management for deposit in the Treasury of
            the United States to the credit of the Civil Service Retirement
            and Disability Fund an amount equal to 15 percent of the final
            basic pay of each employee of the Bureau of Indian Affairs to
            whom a voluntary separation incentive payment has been or is to
            be paid under the provisions of this section.

        (c) Employees of the Bureau of Indian Affairs, in Central Office
    West divisions that are moved due to the implementation of the National
    Academy of Public Administration recommendations and who are entitled to
    severance pay under 5 U.S.C. 5595, may apply for, and the Bureau of
    Indian Affairs may pay, the total amount of severance pay to the
    employee in a lump sum. Employees paid severance pay in a lump sum and
    subsequently reemployed by the Federal Government shall be subject to
    the repayment provisions of 5 U.S.C. 5595(i)(2) and (3), except that any
    repayment shall be made to the Bureau of Indian Affairs.
        (d) Employees of the Bureau of Indian Affairs, in Central Office
    West divisions that are moved due to the implementation of the National
    Academy of Public Administration recommendations and who voluntarily
    resign on or before December 31, 1999, or who are separated, shall be
    liable for not more than the required employee contribution under 5
    U.S.C. 8905a(d)(1)(A) if they elect to continue health benefits after
    separation. The Bureau of Indian Affairs shall pay for 12 months the
    remaining portion of required contributions.
        Sec. 138. Notwithstanding any other provision of law, the Secretary
    of the Interior is authorized to acquire lands from the Haines Borough,
    Alaska, consisting of approximately 20 acres, more or less, in four
    tracts identified for this purpose by the Borough, and contained in an
    area formerly known as ``Duncan's Camp''; the Secretary shall use
    $340,000 previously allocated from funds appropriated for the Department
    of the Interior for fiscal year 1998 for acquisition of lands; the
    Secretary is authorized to convey in fee all land and interests in land
    acquired pursuant to this section without compensation to the heirs of
    Peter Duncan in settlement of a claim filed by them against the United
    States: Provided, That the Secretary shall not convey the lands acquired
    pursuant to this section unless and until a signed release of all claims
    is executed.
        Sec. 139. Funds appropriated for the Bureau of Indian Affairs for
    postsecondary schools for fiscal year 2000 shall be allocated among the
    schools proportionate to the unmet need of the schools as determined by
    the Postsecondary Funding Formula adopted by the Office of Indian
    Education Programs.
        Sec. 140. Notwithstanding any other provision of law, in conveying
    the Twin Cities Research Center under the authority provided by Public
    Law 104-134, as amended by Public Law 104-208, the Secretary may accept
    and retain land and other forms of reimbursement: Provided, That the
    Secretary may retain and use any such reimbursement until expended and
    without further

    [[Page 113 STAT. 1501A-171]]

    appropriation: (1) for the benefit of the National Wildlife Refuge
    System within the State of Minnesota; and (2) for all activities
    authorized by Public Law 100-696; 16 U.S.C. 460zz.
        Sec. 141. None of the funds made available by this Act shall be used
    to issue a notice of final rulemaking with respect to the valuation of
    crude oil for royalty purposes until March 15, 2000. The rulemaking must
    be consistent with existing statutory requirements.
        Sec. 142. Extension of Authority for Establishment of Thomas Paine
    Memorial. (a) In General.--Public Law 102-407 (40 U.S.C. 1003 note; 106
    Stat. 1991) is amended by adding at the end the following:

    ``SEC. 4. EXPIRATION OF AUTHORITY.

        ``Notwithstanding the time period limitation specified in section
    10(b) of the Commemorative Works Act (40 U.S.C. 1010(b)) or any other
    provision of law, the authority for the Thomas Paine National Historical
    Association to establish a memorial to Thomas Paine in the District of
    Columbia under this Act shall expire on December 31, 2003.''.
        (b) Conforming Amendments.--
                (1) Applicable law.--Section 1(b) of Public Law 102-407 (40
            U.S.C. 1003 note; 106 Stat. 1991) is amended by striking ``The
            establishment'' and inserting ``Except as provided in section 4,
            the establishment''.
                (2) Expiration of authority.--Section 3 of Public Law 102-
            407 (40 U.S.C. 1003 note; 106 Stat. 1991) is amended--
                        (A) by striking ``or upon expiration of the
                    authority for the memorial under section 10(b) of that
                    Act,'' and inserting ``or on expiration of the authority
                    for the memorial under section 4,''; and
                        (B) by striking ``section 8(b)(1) of that Act'' and
                    inserting ``section 8(b)(1) of the Commemorative Works
                    Act (40 U.S.C. 1008(b)(1))''.

        Sec. 143. Use of National Park Service Transportation Service
    Contract Fees. Section 412 of the National Parks Omnibus Management Act
    of 1998 (16 U.S.C. 5961) is amended--
                (1) by inserting ``(a) In General.--'' before
            ``Notwithstanding''; and
                (2) by adding at the end the following:

        ``(b) Obligation of Funds.--Notwithstanding any other provision of
    law, with respect to a service contract for the provision solely of
    transportation services at Zion National Park, the Secretary may
    obligate the expenditure of fees received in fiscal year 2000 under
    section 501 before the fees are received.''.
        Sec. 144. Extension of Deadline for Red Rock Canyon National
    Conservation Area. (a) In General.--Section 3(c)(1) of Public Law 103-
    450 (108 Stat. 4767) is amended by striking ``the date 5 years after the
    date of enactment of this Act'' and inserting ``May 2, 2000''.
        (b) Effective Date.--The amendment made by subsection (a) takes
    effect on November 1, 1999.
        Sec. 145. National Park Passport Program. Section 603(c)(1) of the
    National Park Omnibus Management Act of 1998 (16 U.S.C. 5993(c)(1)) is
    amended by striking ``10'' and inserting ``15''.

    [[Page 113 STAT. 1501A-172]]

                           TITLE II--RELATED AGENCIES

                            DEPARTMENT OF AGRICULTURE

                                 Forest Service

                          forest and rangeland research

        For necessary expenses of forest and rangeland research as
    authorized by law, $202,700,000, to remain available until expended.

                           state and private forestry

        For necessary expenses of cooperating with and providing technical
    and financial assistance to States, territories, possessions, and
    others, and for forest health management, cooperative forestry, and
    education and land conservation activities, $202,534,000, to remain
    available until expended, as authorized by law.

                             national forest system

        For necessary expenses of the Forest Service, not otherwise provided
    for, for management, protection, improvement, and utilization of the
    National Forest System, and for administrative expenses associated with
    the management of funds provided under the headings ``Forest and
    Rangeland Research'', ``State and Private Forestry'', ``National Forest
    System'', ``Wildland Fire Management'', ``Reconstruction and
    Maintenance'', and ``Land Acquisition'', $1,269,504,000, to remain
    available until expended, which shall include 50 percent of all moneys
    received during prior fiscal years as fees collected under the Land and
    Water Conservation Fund Act of 1965, as amended, in accordance with
    section 4 of the Act (16 U.S.C. 460l-6a(i)): Provided, That unobligated
    balances available at the start of fiscal year 2000 shall be displayed
    by extended budget line item in the fiscal year 2001 budget
    justification.

                            wildland fire management

        For necessary expenses for forest fire presuppression activities on
    National Forest System lands, for emergency fire suppression on or
    adjacent to such lands or other lands under fire protection agreement,
    and for emergency rehabilitation of burned-over National Forest System
    lands and water, $561,354,000, to remain available until expended:
    Provided, That such funds are available for repayment of advances from
    other appropriations accounts previously transferred for such purposes:
    Provided further, That not less than 50 percent of any unobligated
    balances remaining (exclusive of amounts for hazardous fuels reduction)
    at the end of fiscal year 1999 shall be transferred, as repayment for
    past advances that have not been repaid, to the fund established
    pursuant to section 3 of Public Law 71-319 (16 U.S.C. 576 et seq.):
    Provided further, That notwithstanding any other provision of law, up to
    $4,000,000 of funds appropriated under this appropriation may be used
    for Fire Science Research in support of the Joint Fire Science Program:
    Provided further, That all authorities for the use of funds, including
    the use of contracts, grants, and cooperative agreements, available to
    execute the Forest Service and Rangeland

    [[Page 113 STAT. 1501A-173]]

    Research appropriation, are also available in the utilization of these
    funds for Fire Science Research.
        For an additional amount to cover necessary expenses for emergency
    rehabilitation, presuppression due to emergencies, and wildfire
    suppression activities of the Forest Service, $90,000,000, to remain
    available until expended: Provided, That the entire amount is designated
    by Congress as an emergency requirement pursuant to section 251(b)(2)(A)
    of the Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended: Provided further, That these funds shall be available only to
    the extent an official budget request for a specific dollar amount, that
    includes designation of the entire amount of the request as an emergency
    requirement as defined in the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended, is transmitted by the President to the
    Congress.

                         reconstruction and maintenance

        For necessary expenses of the Forest Service, not otherwise provided
    for, $398,927,000, to remain available until expended for construction,
    reconstruction, maintenance and acquisition of buildings and other
    facilities, and for construction, reconstruction, repair and maintenance
    of forest roads and trails by the Forest Service as authorized by 16
    U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided, That up to
    $15,000,000 of the funds provided herein for road maintenance shall be
    available for the decommissioning of roads, including unauthorized roads
    not part of the transportation system, which are no longer needed:
    Provided further, That no funds shall be expended to decommission any
    system road until notice and an opportunity for public comment has been
    provided on each decommissioning project: Provided further, That any
    unobligated balances of amounts previously appropriated to the Forest
    Service ``Reconstruction and Construction'' account as well as any
    unobligated balances remaining in the ``National Forest System'' account
    for the facility maintenance and trail maintenance extended budget line
    items at the end of fiscal year 1999 may be transferred to and merged
    with the ``Reconstruction and Maintenance'' account.

                                land acquisition

        For expenses necessary to carry out the provisions of the Land and
    Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
    through 11), including administrative expenses, and for acquisition of
    land or waters, or interest therein, in accordance with statutory
    authority applicable to the Forest Service, $79,575,000, to be derived
    from the Land and Water Conservation Fund, to remain available until
    expended, of which not to exceed $40,000,000 may be available for the
    acquisition of lands or interests within the tract known as the Baca
    Location No. 1 in New Mexico only upon: (1) the enactment of legislation
    authorizing the acquisition of lands, or interests in lands, within such
    tract; (2) completion of a review, not to exceed 90 days, by the
    Comptroller General of the United States of an appraisal conforming with
    the Uniform Appraisal Standards for Federal Land Acquisition of all
    lands and interests therein to be acquired by the United States; and (3)
    submission of the Comptroller General's review of such appraisal to the
    Committee on Resources of the House of Representatives, the Committee on
    Energy and Natural Resources of the Senate,

    [[Page 113 STAT. 1501A-174]]

    and the Committees on Appropriations of the House and Senate: Provided,
    That subject to valid existing rights, all federally-owned lands and
    interests in lands within the New World Mining District comprising
    approximately 26,223 acres, more or less, which are described in a
    Federal Register notice dated August 19, 1997 (62 Fed. Reg. 44136-
    44137), are hereby withdrawn from all forms of entry, appropriation, and
    disposal under the public land laws, and from location, entry and patent
    under the mining laws, and from disposition under all mineral and
    geothermal leasing laws.

             acquisition of lands for national forests special acts

        For acquisition of lands within the exterior boundaries of the
    Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
    Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
    National Forests, California, as authorized by law, $1,069,000, to be
    derived from forest receipts.

                 acquisition of lands to complete land exchanges

        For acquisition of lands, such sums, to be derived from funds
    deposited by State, county, or municipal governments, public school
    districts, or other public school authorities pursuant to the Act of
    December 4, 1967, as amended (16 U.S.C. 484a), to remain available until
    expended.

                              range betterment fund

        For necessary expenses of range rehabilitation, protection, and
    improvement, 50 percent of all moneys received during the prior fiscal
    year, as fees for grazing domestic livestock on lands in National
    Forests in the 16 Western States, pursuant to section 401(b)(1) of
    Public Law 94-579, as amended, to remain available until expended, of
    which not to exceed 6 percent shall be available for administrative
    expenses associated with on-the-ground range rehabilitation, protection,
    and improvements.

         gifts, donations and bequests for forest and rangeland research

        For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain
    available until expended, to be derived from the fund established
    pursuant to the above Act.

                    administrative provisions, forest service

        Appropriations to the Forest Service for the current fiscal year
    shall be available for: (1) purchase of not to exceed 110 passenger
    motor vehicles of which 15 will be used primarily for law enforcement
    purposes and of which 109 shall be for replacement; acquisition of 25
    passenger motor vehicles from excess sources, and hire of such vehicles;
    operation and maintenance of aircraft, the purchase of not to exceed
    three for replacement only, and acquisition of sufficient aircraft from
    excess sources to maintain the operable fleet at 213 aircraft for use in
    Forest Service wildland fire programs and other Forest Service programs;
    notwithstanding other provisions of law, existing aircraft being
    replaced may be sold, with proceeds derived or trade-in value used to
    offset the purchase price for the replacement aircraft; (2) services
    pursuant to 7 U.S.C.

    [[Page 113 STAT. 1501A-175]]

    2225, and not to exceed $100,000 for employment under 5 U.S.C. 3109; (3)
    purchase, erection, and alteration of buildings and other public
    improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and
    interests therein, pursuant to 7 U.S.C. 428a; (5) for expenses pursuant
    to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a,
    558d, and 558a note); (6) the cost of uniforms as authorized by 5 U.S.C.
    5901-5902; and (7) for debt collection contracts in accordance with 31
    U.S.C. 3718(c).
        None of the funds made available under this Act shall be obligated
    or expended to abolish any region, to move or close any regional office
    for National Forest System administration of the Forest Service,
    Department of Agriculture without the consent of the House and Senate
    Committees on Appropriations.
        Any appropriations or funds available to the Forest Service may be
    transferred to the Wildland Fire Management appropriation for forest
    firefighting, emergency rehabilitation of burned-over or damaged lands
    or waters under its jurisdiction, and fire preparedness due to severe
    burning conditions if and only if all previously appropriated emergency
    contingent funds under the heading ``Wildland Fire Management'' have
    been released by the President and apportioned.
        Funds appropriated to the Forest Service shall be available for
    assistance to or through the Agency for International Development and
    the Foreign Agricultural Service in connection with forest and rangeland
    research, technical information, and assistance in foreign countries,
    and shall be available to support forestry and related natural resource
    activities outside the United States and its territories and
    possessions, including technical assistance, education and training, and
    cooperation with United States and international organizations.
        None of the funds made available to the Forest Service under this
    Act shall be subject to transfer under the provisions of section 702(b)
    of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
    7 U.S.C. 147b unless the proposed transfer is approved in advance by the
    House and Senate Committees on Appropriations in compliance with the
    reprogramming procedures contained in House Report No. 105-163.
        None of the funds available to the Forest Service may be
    reprogrammed without the advance approval of the House and Senate
    Committees on Appropriations in accordance with the procedures contained
    in House Report No. 105-163.
        No funds appropriated to the Forest Service shall be transferred to
    the Working Capital Fund of the Department of Agriculture without the
    approval of the Chief of the Forest Service.
        Funds available to the Forest Service shall be available to conduct
    a program of not less than $1,000,000 for high priority projects within
    the scope of the approved budget which shall be carried out by the Youth
    Conservation Corps as authorized by the Act of August 13, 1970, as
    amended by Public Law 93-408.
        Of the funds available to the Forest Service, $1,500 is available to
    the Chief of the Forest Service for official reception and
    representation expenses.
        To the greatest extent possible, and in accordance with the Final
    Amendment to the Shawnee National Forest Plan, none of the funds
    available in this Act shall be used for preparation of timber sales
    using clearcutting or other forms of even-aged management in hardwood
    stands in the Shawnee National Forest, Illinois.

    [[Page 113 STAT. 1501A-176]]

        Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
    funds available to the Forest Service, up to $2,250,000 may be advanced
    in a lump sum as Federal financial assistance to the National Forest
    Foundation, without regard to when the Foundation incurs expenses, for
    administrative expenses or projects on or benefitting National Forest
    System lands or related to Forest Service programs: Provided, That of
    the Federal funds made available to the Foundation, no more than
    $400,000 shall be available for administrative expenses: Provided
    further, That the Foundation shall obtain, by the end of the period of
    Federal financial assistance, private contributions to match on at least
    one-for-one basis funds made available by the Forest Service: Provided
    further, That the Foundation may transfer Federal funds to a non-Federal
    recipient for a project at the same rate that the recipient has obtained
    the non-Federal matching funds: Provided further, That hereafter, the
    National Forest Foundation may hold Federal funds made available but not
    immediately disbursed and may use any interest or other investment
    income earned (before, on, or after the date of the enactment of this
    Act) on Federal funds to carry out the purposes of Public Law 101-593:
    Provided further, That such investments may be made only in interest-
    bearing obligations of the United States or in obligations guaranteed as
    to both principal and interest by the United States.
        Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the
    funds available to the Forest Service shall be available for matching
    funds to the National Fish and Wildlife Foundation, as authorized by 16
    U.S.C. 3701-3709, and may be advanced in a lump sum as Federal financial
    assistance, without regard to when expenses are incurred, for projects
    on or benefitting National Forest System lands or related to Forest
    Service programs: Provided, That the Foundation shall obtain, by the end
    of the period of Federal financial assistance, private contributions to
    match on at least one-for-one basis funds advanced by the Forest
    Service: Provided further, That the Foundation may transfer Federal
    funds to a non-Federal recipient for a project at the same rate that the
    recipient has obtained the non-Federal matching funds.
        Funds appropriated to the Forest Service shall be available for
    interactions with and providing technical assistance to rural
    communities for sustainable rural development purposes.
        Notwithstanding any other provision of law, 80 percent of the funds
    appropriated to the Forest Service in the ``National Forest System'' and
    ``Reconstruction and Construction'' accounts and planned to be allocated
    to activities under the ``Jobs in the Woods'' program for projects on
    National Forest land in the State of Washington may be granted directly
    to the Washington State Department of Fish and Wildlife for
    accomplishment of planned projects. Twenty percent of said funds shall
    be retained by the Forest Service for planning and administering
    projects. Project selection and prioritization shall be accomplished by
    the Forest Service with such consultation with the State of Washington
    as the Forest Service deems appropriate.
        Funds appropriated to the Forest Service shall be available for
    payments to counties within the Columbia River Gorge National Scenic
    Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
    Public Law 99-663.

    [[Page 113 STAT. 1501A-177]]

        The Secretary of Agriculture is authorized to enter into grants,
    contracts, and cooperative agreements as appropriate with the Pinchot
    Institute for Conservation, as well as with public and other private
    agencies, organizations, institutions, and individuals, to provide for
    the development, administration, maintenance, or restoration of land,
    facilities, or Forest Service programs, at the Grey Towers National
    Historic Landmark: Provided, That, subject to such terms and conditions
    as the Secretary of Agriculture may prescribe, any such public or
    private agency, organization, institution, or individual may solicit,
    accept, and administer private gifts of money and real or personal
    property for the benefit of, or in connection with, the activities and
    services at the Grey Towers National Historic Landmark: Provided
    further, That such gifts may be accepted notwithstanding the fact that a
    donor conducts business with the Department of Agriculture in any
    capacity.
        Funds appropriated to the Forest Service shall be available, as
    determined by the Secretary, for payments to Del Norte County,
    California, pursuant to sections 13(e) and 14 of the Smith River
    National Recreation Area Act (Public Law 101-612).
        For purposes of the Southeast Alaska Economic Disaster Fund as set
    forth in section 101(c) of Public Law 104-134, the direct grants
    provided from the Fund shall be considered direct payments for purposes
    of all applicable law except that these direct grants may not be used
    for lobbying activities: Provided, That a total of $22,000,000 is hereby
    appropriated and shall be deposited into the Southeast Alaska Economic
    Disaster Fund established pursuant to Public Law 104-134, as amended,
    without further appropriation or fiscal year limitation of which
    $10,000,000 shall be distributed in fiscal year 2000, $7,000,000 shall
    be distributed in fiscal year 2001, and $5,000,000 shall be distributed
    in fiscal year 2002. The Secretary of Agriculture shall allocate the
    funds to local communities suffering economic hardship because of mill
    closures and economic dislocation in the timber industry to employ
    unemployed timber workers and for related community redevelopment
    projects as follows:
                (1) in fiscal year 2000, $4,000,000 for the Ketchikan
            Gateway Borough, $2,000,000 for the City of Petersburg,
            $2,000,000 for the City and Borough of Sitka, and $2,000,000 for
            the Metlakatla Indian Community;
                (2) in fiscal year 2001, $3,000,000 for the Ketchikan
            Gateway Borough, $1,000,000 for the City of Petersburg,
            $1,500,000 for the City and Borough of Sitka, and $1,500,000 for
            the Metlakatla Indian Community; and
                (3) in fiscal year 2002, $3,000,000 for the Ketchikan
            Gateway Borough, $500,000 for the City and Borough of Sitka, and
            $1,500,000 for the Metlakatla Indian Community.

        Notwithstanding any other provision of law, any appropriations or
    funds available to the Forest Service not to exceed $500,000 may be used
    to reimburse the Office of the General Counsel (OGC), Department of
    Agriculture, for travel and related expenses incurred as a result of OGC
    assistance or participation requested by the Forest Service at meetings,
    training sessions, management reviews, land purchase negotiations and
    similar non-litigation related matters. Future budget justifications for
    both the Forest Service and the Department of Agriculture should clearly
    display the sums previously transferred and the requested funding
    transfers.

    [[Page 113 STAT. 1501A-178]]

        No employee of the Department of Agriculture may be detailed or
    assigned from an agency or office funded by this Act to any other agency
    or office of the department for more than 30 days unless the
    individual's employing agency or office is fully reimbursed by the
    receiving agency or office for the salary and expenses of the employee
    for the period of assignment.
        The Forest Service shall fund overhead, national commitments,
    indirect expenses, and any other category for use of funds which are
    expended at any units, that are not directly related to the
    accomplishment of specific work on-the-ground (referred to as ``indirect
    expenditures''), from funds available to the Forest Service, unless
    otherwise prohibited by law: Provided, That the Forest Service shall
    implement and adhere to the definitions of indirect expenditures
    established pursuant to Public Law 105-277 on a nationwide basis without
    flexibility for modification by any organizational level except the
    Washington Office, and when changed by the Washington Office, such
    changes in definition shall be reported in budget requests submitted by
    the Forest Service: Provided further, That the Forest Service shall
    provide in all future budget justifications, planned indirect
    expenditures in accordance with the definitions, summarized and
    displayed to the Regional, Station, Area, and detached unit office
    level. The justification shall display the estimated source and amount
    of indirect expenditures, by expanded budget line item, of funds in the
    agency's annual budget justification. The display shall include
    appropriated funds and the Knutson-Vandenberg, Brush Disposal,
    Cooperative Work-Other, and Salvage Sale funds. Changes between
    estimated and actual indirect expenditures shall be reported in
    subsequent budget justifications: Provided further, That during fiscal
    year 2000 the Secretary shall limit total annual indirect obligations
    from the Brush Disposal, Cooperative Work-Other, Knutson-Vandenberg,
    Reforestation, Salvage Sale, and Roads and Trails funds to 20 percent of
    the total obligations from each fund.
        Any appropriations or funds available to the Forest Service may be
    used for necessary expenses in the event of law enforcement emergencies
    as necessary to protect natural resources and public or employee safety:
    Provided, That such amounts shall not exceed $500,000.
        From any unobligated balances available at the start of fiscal year
    2000, the amount of $5,000,000 shall be allocated to the Alaska Region,
    in addition to the funds appropriated to sell timber in the Alaska
    Region under this Act, for expenses directly related to preparing
    sufficient additional timber for sale in the Alaska Region to establish
    a 3-year timber supply.
        The Forest Service is authorized through the Forest Service existing
    budget to reimburse Harry Frey, $143,406 (1997 dollars) because his home
    was destroyed by arson on June 21, 1990 in retaliation for his work with
    the Forest Service.

                              DEPARTMENT OF ENERGY

                              clean coal technology

                                   (deferral)

        Of the funds made available under this heading for obligation in
    prior years, $156,000,000 shall not be available until October

    [[Page 113 STAT. 1501A-179]]

    1, 2000: Provided, That funds made available in previous appropriations
    Acts shall be available for any ongoing project regardless of the
    separate request for proposal under which the project was selected.

                     fossil energy research and development

                          (including transfer of funds)

        For necessary expenses in carrying out fossil energy research and
    development activities, under the authority of the Department of Energy
    Organization Act (Public Law 95-91), including the acquisition of
    interest, including defeasible and equitable interests in any real
    property or any facility or for plant or facility acquisition or
    expansion, and for conducting inquiries, technological investigations
    and research concerning the extraction, processing, use, and disposal of
    mineral substances without objectionable social and environmental costs
    (30 U.S.C. 3, 1602, and 1603), performed under the minerals and
    materials science programs at the Albany Research Center in Oregon,
    $419,025,000, to remain available until expended, of which $24,000,000
    shall be derived by transfer from unobligated balances in the Biomass
    Energy Development account: Provided, That no part of the sum herein
    made available shall be used for the field testing of nuclear explosives
    in the recovery of oil and gas.

                          alternative fuels production

                          (including transfer of funds)

        Moneys received as investment income on the principal amount in the
    Great Plains Project Trust at the Norwest Bank of North Dakota, in such
    sums as are earned as of October 1, 1999, shall be deposited in this
    account and immediately transferred to the general fund of the Treasury.
    Moneys received as revenue sharing from operation of the Great Plains
    Gasification Plant and settlement payments shall be immediately
    transferred to the general fund of the Treasury.

                     naval petroleum and oil shale reserves

        The requirements of 10 U.S.C. 7430(b)(2)(B) shall not apply to
    fiscal year 2000: Provided, That, notwithstanding any other provision of
    law, unobligated funds remaining from prior years shall be available for
    all naval petroleum and oil shale reserve activities.

                           elk hills school lands fund

        For necessary expenses in fulfilling the second installment payment
    under the Settlement Agreement entered into by the United States and the
    State of California on October 11, 1996, as authorized by section 3415
    of Public Law 104-106, $36,000,000, to become available on October 1,
    2000, for payment to the State of California for the State Teachers'
    Retirement Fund from the Elk Hills School Lands Fund.

    [[Page 113 STAT. 1501A-180]]

                               energy conservation

                          (including transfer of funds)

        For necessary expenses in carrying out energy conservation
    activities, $745,242,000, to remain available until expended, of which
    $25,000,000 shall be derived by transfer from unobligated balances in
    the Biomass Energy Development account: Provided, That $168,500,000
    shall be for use in energy conservation programs as defined in section
    3008(3) of Public Law 99-509 (15 U.S.C. 4507): Provided further, That
    notwithstanding section 3003(d)(2) of Public Law 99-509, such sums shall
    be allocated to the eligible programs as follows: $135,000,000 for
    weatherization assistance grants and $33,500,000 for State energy
    conservation grants: Provided further, That, notwithstanding any other
    provision of law, in fiscal year 2001 and thereafter sums appropriated
    for weatherization assistance grants shall be contingent on a cost share
    of 25 percent by each participating State or other qualified
    participant.

                               economic regulation

        For necessary expenses in carrying out the activities of the Office
    of Hearings and Appeals, $2,000,000, to remain available until expended.

                           strategic petroleum reserve

        For necessary expenses for Strategic Petroleum Reserve facility
    development and operations and program management activities pursuant to
    the Energy Policy and Conservation Act of 1975, as amended (42 U.S.C.
    6201 et seq.), $159,000,000, to remain available until expended:
    Provided, That the Secretary of Energy hereafter may transfer to the SPR
    Petroleum Account such funds as may be necessary to carry out drawdown
    and sale operations of the Strategic Petroleum Reserve initiated under
    section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241)
    from any funds available to the Department of Energy under this or any
    other Act: Provided further, That all funds transferred pursuant to this
    authority must be replenished as promptly as possible from oil sale
    receipts pursuant to the drawdown and sale.

                        energy information administration

        For necessary expenses in carrying out the activities of the Energy
    Information Administration, $72,644,000, to remain available until
    expended.

                 administrative provisions, department of energy

        Appropriations under this Act for the current fiscal year shall be
    available for hire of passenger motor vehicles; hire, maintenance, and
    operation of aircraft; purchase, repair, and cleaning of uniforms; and
    reimbursement to the General Services Administration for security guard
    services.
        From appropriations under this Act, transfers of sums may be made to
    other agencies of the Government for the performance of work for which
    the appropriation is made.
        None of the funds made available to the Department of Energy under
    this Act shall be used to implement or finance authorized

    [[Page 113 STAT. 1501A-181]]

    price support or loan guarantee programs unless specific provision is
    made for such programs in an appropriations Act.
        The Secretary is authorized to accept lands, buildings, equipment,
    and other contributions from public and private sources and to prosecute
    projects in cooperation with other agencies, Federal, State, private or
    foreign: Provided, That revenues and other moneys received by or for the
    account of the Department of Energy or otherwise generated by sale of
    products in connection with projects of the department appropriated
    under this Act may be retained by the Secretary of Energy, to be
    available until expended, and used only for plant construction,
    operation, costs, and payments to cost-sharing entities as provided in
    appropriate cost-sharing contracts or agreements: Provided further, That
    the remainder of revenues after the making of such payments shall be
    covered into the Treasury as miscellaneous receipts: Provided further,
    That any contract, agreement, or provision thereof entered into by the
    Secretary pursuant to this authority shall not be executed prior to the
    expiration of 30 calendar days (not including any day in which either
    House of Congress is not in session because of adjournment of more than
    three calendar days to a day certain) from the receipt by the Speaker of
    the House of Representatives and the President of the Senate of a full
    comprehensive report on such project, including the facts and
    circumstances relied upon in support of the proposed project.
        No funds provided in this Act may be expended by the Department of
    Energy to prepare, issue, or process procurement documents for programs
    or projects for which appropriations have not been made.
        In addition to other authorities set forth in this Act, the
    Secretary may accept fees and contributions from public and private
    sources, to be deposited in a contributed funds account, and prosecute
    projects using such fees and contributions in cooperation with other
    Federal, State or private agencies or concerns.
        The Secretary of Energy in cooperation with the Administrator of
    General Services Administration shall convey to the City of
    Bartlesville, Oklahoma, for no consideration, the approximately 15.644
    acres of land comprising the former site of the National Institute of
    Petroleum Energy Research (including all improvements on the land)
    described as follows: All of Block 1, Keeler's Second Addition, all of
    Block 2, Keeler's Fourth Addition, all of Blocks 9 and 10, Mountain View
    Addition, all in the City of Bartlesville, Washington County, Oklahoma.

                     DEPARTMENT OF HEALTH AND HUMAN SERVICES

                              Indian Health Service

                             indian health services

        For expenses necessary to carry out the Act of August 5, 1954 (68
    Stat. 674), the Indian Self-Determination Act, the Indian Health Care
    Improvement Act, and titles II and III of the Public Health Service Act
    with respect to the Indian Health Service, $2,078,967,000, together with
    payments received during the fiscal year pursuant to 42 U.S.C. 238(b)
    for services furnished by the Indian Health Service: Provided, That
    funds made available to tribes and tribal organizations through
    contracts, grant agreements, or any other agreements or compacts
    authorized by the Indian

    [[Page 113 STAT. 1501A-182]]

    Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450),
    shall be deemed to be obligated at the time of the grant or contract
    award and thereafter shall remain available to the tribe or tribal
    organization without fiscal year limitation: Provided further, That
    $12,000,000 shall remain available until expended, for the Indian
    Catastrophic Health Emergency Fund: Provided further, That $395,290,000
    for contract medical care shall remain available for obligation until
    September 30, 2001: Provided further, That of the funds provided, up to
    $17,000,000 shall be used to carry out the loan repayment program under
    section 108 of the Indian Health Care Improvement Act: Provided further,
    That funds provided in this Act may be used for 1-year contracts and
    grants which are to be performed in two fiscal years, so long as the
    total obligation is recorded in the year for which the funds are
    appropriated: Provided further, That the amounts collected by the
    Secretary of Health and Human Services under the authority of title IV
    of the Indian Health Care Improvement Act shall remain available until
    expended for the purpose of achieving compliance with the applicable
    conditions and requirements of titles XVIII and XIX of the Social
    Security Act (exclusive of planning, design, or construction of new
    facilities): Provided further, That funding contained herein, and in any
    earlier appropriations Acts for scholarship programs under the Indian
    Health Care Improvement Act (25 U.S.C. 1613) shall remain available for
    obligation until September 30, 2001: Provided further, That amounts
    received by tribes and tribal organizations under title IV of the Indian
    Health Care Improvement Act shall be reported and accounted for and
    available to the receiving tribes and tribal organizations until
    expended: Provided further, That, notwithstanding any other provision of
    law, of the amounts provided herein, not to exceed $228,781,000 shall be
    for payments to tribes and tribal organizations for contract or grant
    support costs associated with contracts, grants, self-governance
    compacts or annual funding agreements between the Indian Health Service
    and a tribe or tribal organization pursuant to the Indian Self-
    Determination Act of 1975, as amended, prior to or during fiscal year
    2000, of which not to exceed $10,000,000 may be used for such costs
    associated with new and expanded contracts, grants, self-governance
    compacts or annual funding agreements: Provided further, That funds
    available for the Indian Health Care Improvement Fund may be used, as
    needed, to carry out activities typically funded under the Indian Health
    Facilities account.

                            indian health facilities

        For construction, repair, maintenance, improvement, and equipment of
    health and related auxiliary facilities, including quarters for
    personnel; preparation of plans, specifications, and drawings;
    acquisition of sites, purchase and erection of modular buildings, and
    purchases of trailers; and for provision of domestic and community
    sanitation facilities for Indians, as authorized by section 7 of the Act
    of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
    and the Indian Health Care Improvement Act, and for expenses necessary
    to carry out such Acts and titles II and III of the Public Health
    Service Act with respect to environmental health and facilities support
    activities of the Indian Health Service, $318,580,000, to remain
    available until expended: Provided, That notwithstanding any other
    provision of law, funds appropriated for the planning, design,
    construction or renovation of health

    [[Page 113 STAT. 1501A-183]]

    facilities for the benefit of an Indian tribe or tribes may be used to
    purchase land for sites to construct, improve, or enlarge health or
    related facilities: Provided further, That notwithstanding any provision
    of law governing Federal construction, $3,000,000 of the funds provided
    herein shall be provided to the Hopi Tribe to reduce the debt incurred
    by the Tribe in providing staff quarters to meet the housing needs
    associated with the new Hopi Health Center: Provided further, That not
    to exceed $500,000 shall be used by the Indian Health Service to
    purchase TRANSAM equipment from the Department of Defense for
    distribution to the Indian Health Service and tribal facilities:
    Provided further, That not to exceed $500,000 shall be used by the
    Indian Health Service to obtain ambulances for the Indian Health Service
    and tribal facilities in conjunction with an existing interagency
    agreement between the Indian Health Service and the General Services
    Administration: Provided further, That not to exceed $500,000 shall be
    placed in a Demolition Fund, available until expended, to be used by the
    Indian Health Service for demolition of Federal buildings: Provided
    further, That from within existing funds, the Indian Health Service may
    purchase up to 5 acres of land for expanding the parking facilities at
    the Indian Health Service hospital in Tahlequah, Oklahoma.

                administrative provisions, indian health service

        Appropriations in this Act to the Indian Health Service shall be
    available for services as authorized by 5 U.S.C. 3109 but at rates not
    to exceed the per diem rate equivalent to the maximum rate payable for
    senior-level positions under 5 U.S.C. 5376; hire of passenger motor
    vehicles and aircraft; purchase of medical equipment; purchase of
    reprints; purchase, renovation and erection of modular buildings and
    renovation of existing facilities; payments for telephone service in
    private residences in the field, when authorized under regulations
    approved by the Secretary; and for uniforms or allowances therefore as
    authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
    meetings which are concerned with the functions or activities for which
    the appropriation is made or which will contribute to improved conduct,
    supervision, or management of those functions or activities: Provided,
    That in accordance with the provisions of the Indian Health Care
    Improvement Act, non-Indian patients may be extended health care at all
    tribally administered or Indian Health Service facilities, subject to
    charges, and the proceeds along with funds recovered under the Federal
    Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
    account of the facility providing the service and shall be available
    without fiscal year limitation: Provided further, That notwithstanding
    any other law or regulation, funds transferred from the Department of
    Housing and Urban Development to the Indian Health Service shall be
    administered under Public Law 86-121 (the Indian Sanitation Facilities
    Act) and Public Law 93-638, as amended: Provided further, That funds
    appropriated to the Indian Health Service in this Act, except those used
    for administrative and program direction purposes, shall not be subject
    to limitations directed at curtailing Federal travel and transportation:
    Provided further, That notwithstanding any other provision of law, funds
    previously or herein made available to a tribe or

    [[Page 113 STAT. 1501A-184]]

    tribal organization through a contract, grant, or agreement authorized
    by title I or title III of the Indian Self-Determination and Education
    Assistance Act of 1975 (25 U.S.C. 450), may be deobligated and
    reobligated to a self-determination contract under title I, or a self-
    governance agreement under title III of such Act and thereafter shall
    remain available to the tribe or tribal organization without fiscal year
    limitation: Provided further, That none of the funds made available to
    the Indian Health Service in this Act shall be used to implement the
    final rule published in the Federal Register on September 16, 1987, by
    the Department of Health and Human Services, relating to the eligibility
    for the health care services of the Indian Health Service until the
    Indian Health Service has submitted a budget request reflecting the
    increased costs associated with the proposed final rule, and such
    request has been included in an appropriations Act and enacted into law:
    Provided further, That funds made available in this Act are to be
    apportioned to the Indian Health Service as appropriated in this Act,
    and accounted for in the appropriation structure set forth in this Act:
    Provided further, That with respect to functions transferred by the
    Indian Health Service to tribes or tribal organizations, the Indian
    Health Service is authorized to provide goods and services to those
    entities, on a reimbursable basis, including payment in advance with
    subsequent adjustment, and the reimbursements received therefrom, along
    with the funds received from those entities pursuant to the Indian Self-
    Determination Act, may be credited to the same or subsequent
    appropriation account which provided the funding, said amounts to remain
    available until expended: Provided further, That reimbursements for
    training, technical assistance, or services provided by the Indian
    Health Service will contain total costs, including direct,
    administrative, and overhead associated with the provision of goods,
    services, or technical assistance: Provided further, That the
    appropriation structure for the Indian Health Service may not be altered
    without advance approval of the House and Senate Committees on
    Appropriations.

                             OTHER RELATED AGENCIES

                   Office of Navajo and Hopi Indian Relocation

                              salaries and expenses

        For necessary expenses of the Office of Navajo and Hopi Indian
    Relocation as authorized by Public Law 93-531, $8,000,000, to remain
    available until expended: Provided, That funds provided in this or any
    other appropriations Act are to be used to relocate eligible individuals
    and groups including evictees from District 6, Hopi-partitioned lands
    residents, those in significantly substandard housing, and all others
    certified as eligible and not included in the preceding categories:
    Provided further, That none of the funds contained in this or any other
    Act may be used by the Office of Navajo and Hopi Indian Relocation to
    evict any single Navajo or Navajo family who, as of November 30, 1985,
    was physically domiciled on the lands partitioned to the Hopi Tribe
    unless a new or replacement home is provided for such household:
    Provided further, That no relocatee will be provided with more than one
    new or replacement home: Provided further, That the Office shall
    relocate any certified eligible relocatees who have selected and
    received an approved homesite on the Navajo reservation or selected

    [[Page 113 STAT. 1501A-185]]

    a replacement residence off the Navajo reservation or on the land
    acquired pursuant to 25 U.S.C. 640d-10.

        Institute of American Indian and Alaska Native Culture and Arts
                                   Development

                            payment to the institute

        For payment to the Institute of American Indian and Alaska Native
    Culture and Arts Development, as authorized by title XV of Public Law
    99-498, as amended (20 U.S.C. 56 part A), $2,125,000.

                             Smithsonian Institution

                              salaries and expenses

        For necessary expenses of the Smithsonian Institution, as authorized
    by law, including research in the fields of art, science, and history;
    development, preservation, and documentation of the National
    Collections; presentation of public exhibits and performances;
    collection, preparation, dissemination, and exchange of information and
    publications; conduct of education, training, and museum assistance
    programs; maintenance, alteration, operation, lease (for terms not to
    exceed 30 years), and protection of buildings, facilities, and
    approaches; not to exceed $100,000 for services as authorized by 5
    U.S.C. 3109; up to five replacement passenger vehicles; purchase,
    rental, repair, and cleaning of uniforms for employees, $372,901,000, of
    which not to exceed $43,318,000 for the instrumentation program,
    collections acquisition, Museum Support Center equipment and move,
    exhibition reinstallation, the National Museum of the American Indian,
    the repatriation of skeletal remains program, research equipment,
    information management, and Latino programming shall remain available
    until expended and of which $2,500,000 shall remain available until
    expended for the National Museum of Natural History's Arctic Studies
    Center to include assistance to other museums for the planning and
    development of institutions and facilities that enhance the display of
    collections, and including such funds as may be necessary to support
    American overseas research centers and a total of $125,000 for the
    Council of American Overseas Research Centers: Provided, That funds
    appropriated herein are available for advance payments to independent
    contractors performing research services or participating in official
    Smithsonian presentations: Provided further, That the Smithsonian
    Institution may expend Federal appropriations designated in this Act for
    lease or rent payments for long term and swing space, as rent payable to
    the Smithsonian Institution, and such rent payments may be deposited
    into the general trust funds of the Institution to the extent that
    federally supported activities are housed in the 900 H Street, N.W.
    building in the District of Columbia: Provided further, That this use of
    Federal appropriations shall not be construed as debt service, a Federal
    guarantee of, a transfer of risk to, or an obligation of, the Federal
    Government: Provided further, That no appropriated funds may be used to
    service debt which is incurred to finance the costs of acquiring the 900
    H Street building or of planning, designing, and constructing
    improvements to such building.

    [[Page 113 STAT. 1501A-186]]

               repair, rehabilitation and alteration of facilities

                         (including transfers of funds)

        For necessary expenses of repair, rehabilitation and alteration of
    facilities owned or occupied by the Smithsonian Institution, by contract
    or otherwise, as authorized by section 2 of the Act of August 22, 1949
    (63 Stat. 623), including not to exceed $10,000 for services as
    authorized by 5 U.S.C. 3109, $47,900,000, to remain available until
    expended, of which $6,000,000 is provided for repair, rehabilitation and
    alteration of facilities at the National Zoological Park: Provided, That
    contracts awarded for environmental systems, protection systems, and
    repair or rehabilitation of facilities of the Smithsonian Institution
    may be negotiated with selected contractors and awarded on the basis of
    contractor qualifications as well as price: Provided further, That funds
    previously appropriated to the ``Construction and Improvements, National
    Zoological Park'' account and the ``Repair and Restoration of
    Buildings'' account may be transferred to and merged with this ``Repair,
    Rehabilitation and Alteration of Facilities'' account.

                                  construction

        For necessary expenses for construction, $19,000,000, to remain
    available until expended.

               administrative provisions, smithsonian institution

        None of the funds in this or any other Act may be used to initiate
    the design for any proposed expansion of current space or new facility
    without consultation with the House and Senate Appropriations
    Committees.
        The Smithsonian Institution shall not use Federal funds in excess of
    the amount specified in Public Law 101-185 for the construction of the
    National Museum of the American Indian.
        None of the funds in this or any other Act may be used for the Holt
    House located at the National Zoological Park in Washington, D.C.,
    unless identified as repairs to minimize water damage, monitor structure
    movement, or provide interim structural support.

                             National Gallery of Art

                              salaries and expenses

        For the upkeep and operations of the National Gallery of Art, the
    protection and care of the works of art therein, and administrative
    expenses incident thereto, as authorized by the Act of March 24, 1937
    (50 Stat. 51), as amended by the public resolution of April 13, 1939
    (Public Resolution 9, Seventy-sixth Congress), including services as
    authorized by 5 U.S.C. 3109; payment in advance when authorized by the
    treasurer of the Gallery for membership in library, museum, and art
    associations or societies whose publications or services are available
    to members only, or to members at a price lower than to the general
    public; purchase, repair, and cleaning of uniforms for guards, and
    uniforms, or allowances therefor, for other employees as authorized by
    law (5 U.S.C. 5901-5902); purchase or rental of devices and services for
    protecting buildings and contents thereof, and maintenance, alteration,

    [[Page 113 STAT. 1501A-187]]

    improvement, and repair of buildings, approaches, and grounds; and
    purchase of services for restoration and repair of works of art for the
    National Gallery of Art by contracts made, without advertising, with
    individuals, firms, or organizations at such rates or prices and under
    such terms and conditions as the Gallery may deem proper, $61,538,000,
    of which not to exceed $3,026,000 for the special exhibition program
    shall remain available until expended.

                 repair, restoration and renovation of buildings

        For necessary expenses of repair, restoration and renovation of
    buildings, grounds and facilities owned or occupied by the National
    Gallery of Art, by contract or otherwise, as authorized, $6,311,000, to
    remain available until expended: Provided, That contracts awarded for
    environmental systems, protection systems, and exterior repair or
    renovation of buildings of the National Gallery of Art may be negotiated
    with selected contractors and awarded on the basis of contractor
    qualifications as well as price.

                 John F. Kennedy Center for the Performing Arts

                           operations and maintenance

        For necessary expenses for the operation, maintenance and security
    of the John F. Kennedy Center for the Performing Arts, $14,000,000.

                                  construction

        For necessary expenses for capital repair and rehabilitation of the
    existing features of the building and site of the John F. Kennedy Center
    for the Performing Arts, $20,000,000, to remain available until
    expended.

                Woodrow Wilson International Center for Scholars

                              salaries and expenses

        For expenses necessary in carrying out the provisions of the Woodrow
    Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger
    vehicles and services as authorized by 5 U.S.C. 3109, $6,790,000.

               National Foundation on the Arts and the Humanities

                         National Endowment for the Arts

                            grants and administration

        For necessary expenses to carry out the National Foundation on the
    Arts and the Humanities Act of 1965, as amended, $85,000,000 shall be
    available to the National Endowment for the Arts for the support of
    projects and productions in the arts through assistance to organizations
    and individuals pursuant to sections 5(c) and 5(g) of the Act, for
    program support, and for administering the functions of the Act, to
    remain available until expended.

    [[Page 113 STAT. 1501A-188]]

                                 matching grants

        To carry out the provisions of section 10(a)(2) of the National
    Foundation on the Arts and the Humanities Act of 1965, as amended,
    $13,000,000, to remain available until expended, to the National
    Endowment for the Arts: Provided, That this appropriation shall be
    available for obligation only in such amounts as may be equal to the
    total amounts of gifts, bequests, and devises of money, and other
    property accepted by the chairman or by grantees of the Endowment under
    the provisions of section 10(a)(2), subsections 11(a)(2)(A) and
    11(a)(3)(A) during the current and preceding fiscal years for which
    equal amounts have not previously been appropriated.

                      National Endowment for the Humanities

                            grants and administration

        For necessary expenses to carry out the National Foundation on the
    Arts and the Humanities Act of 1965, as amended, $101,000,000, shall be
    available to the National Endowment for the Humanities for support of
    activities in the humanities, pursuant to section 7(c) of the Act, and
    for administering the functions of the Act, to remain available until
    expended.

                                 matching grants

        To carry out the provisions of section 10(a)(2) of the National
    Foundation on the Arts and the Humanities Act of 1965, as amended,
    $14,700,000, to remain available until expended, of which $10,700,000
    shall be available to the National Endowment for the Humanities for the
    purposes of section 7(h): Provided, That this appropriation shall be
    available for obligation only in such amounts as may be equal to the
    total amounts of gifts, bequests, and devises of money, and other
    property accepted by the chairman or by grantees of the Endowment under
    the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the
    current and preceding fiscal years for which equal amounts have not
    previously been appropriated.

                    Institute of Museum and Library Services

                            office of museum services

                            grants and administration

        For carrying out subtitle C of the Museum and Library Services Act
    of 1996, as amended, $24,400,000, to remain available until expended.

                            administrative provisions

        None of the funds appropriated to the National Foundation on the
    Arts and the Humanities may be used to process any grant or contract
    documents which do not include the text of 18 U.S.C. 1913: Provided,
    That none of the funds appropriated to the National Foundation on the
    Arts and the Humanities may be used for official reception and
    representation expenses: Provided further, That funds

    [[Page 113 STAT. 1501A-189]]

    from nonappropriated sources may be used as necessary for official
    reception and representation expenses.

                             Commission of Fine Arts

                              salaries and expenses

        For expenses made necessary by the Act establishing a Commission of
    Fine Arts (40 U.S.C. 104), $1,005,000: Provided, That the Commission is
    authorized to charge fees to cover the full costs of its publications,
    and such fees shall be credited to this account as an offsetting
    collection, to remain available until expended without further
    appropriation.

                   national capital arts and cultural affairs

        For necessary expenses as authorized by Public Law 99-190 (20 U.S.C.
    956(a)), as amended, $7,000,000.

                    Advisory Council on Historic Preservation

                              salaries and expenses

        For necessary expenses of the Advisory Council on Historic
    Preservation (Public Law 89-665, as amended), $3,000,000: Provided, That
    none of these funds shall be available for compensation of level V of
    the Executive Schedule or higher positions.

                      National Capital Planning Commission

                              salaries and expenses

        For necessary expenses, as authorized by the National Capital
    Planning Act of 1952 (40 U.S.C. 71-71i), including services as
    authorized by 5 U.S.C. 3109, $6,312,000: Provided, That all appointed
    members will be compensated at a rate not to exceed the rate for level
    IV of the Executive Schedule.

                    United States Holocaust Memorial Council

                           holocaust memorial council

        For expenses of the Holocaust Memorial Council, as authorized by
    Public Law 96-388 (36 U.S.C. 1401), as amended, $33,286,000, of which
    $1,575,000 for the museum's repair and rehabilitation program and
    $1,264,000 for the museum's exhibitions program shall remain available
    until expended.

                                 Presidio Trust

                               presidio trust fund

        For necessary expenses to carry out title I of the Omnibus Parks and
    Public Lands Management Act of 1996, $24,400,000 shall be available to
    the Presidio Trust, to remain available until expended, of which up to
    $1,040,000 may be for the cost of guaranteed loans, as authorized by
    section 104(d) of the Act: Provided, That such costs, including the cost
    of modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of

    [[Page 113 STAT. 1501A-190]]

    1974: Provided further, That these funds are available to subsidize
    total loan principal, any part of which is to be guaranteed, not to
    exceed $200,000,000. The Trust is authorized to issue obligations to the
    Secretary of the Treasury pursuant to section 104(d)(3) of the Act, in
    an amount not to exceed $20,000,000.

                          TITLE III--GENERAL PROVISIONS

        Sec. 301. The expenditure of any appropriation under this Act for
    any consulting service through procurement contract, pursuant to 5
    U.S.C. 3109, shall be limited to those contracts where such expenditures
    are a matter of public record and available for public inspection,
    except where otherwise provided under existing law, or under existing
    Executive order issued pursuant to existing law.
        Sec. 302. No part of any appropriation under this Act shall be
    available to the Secretary of the Interior or the Secretary of
    Agriculture for the leasing of oil and natural gas by noncompetitive
    bidding on publicly owned lands within the boundaries of the Shawnee
    National Forest, Illinois: Provided, That nothing herein is intended to
    inhibit or otherwise affect the sale, lease, or right to access to
    minerals owned by private individuals.
        Sec. 303. No part of any appropriation contained in this Act shall
    be available for any activity or the publication or distribution of
    literature that in any way tends to promote public support or opposition
    to any legislative proposal on which congressional action is not
    complete.
        Sec. 304. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 305. None of the funds provided in this Act to any department
    or agency shall be obligated or expended to provide a personal cook,
    chauffeur, or other personal servants to any officer or employee of such
    department or agency except as otherwise provided by law.
        Sec. 306. No assessments may be levied against any program, budget
    activity, subactivity, or project funded by this Act unless advance
    notice of such assessments and the basis therefor are presented to the
    Committees on Appropriations and are approved by such committees.
        Sec. 307. (a) Compliance With Buy American Act.--None of the funds
    made available in this Act may be expended by an entity unless the
    entity agrees that in expending the funds the entity will comply with
    sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c;
    popularly known as the ``Buy American Act'').
        (b) Sense of the Congress; Requirement Regarding Notice.--
                (1) Purchase of american-made equipment and products.--In
            the case of any equipment or product that may be authorized to
            be purchased with financial assistance provided using funds made
            available in this Act, it is the sense of the Congress that
            entities receiving the assistance should, in expending the
            assistance, purchase only American-made equipment and products.
                (2) Notice to recipients of assistance.--In providing
            financial assistance using funds made available in this Act,

    [[Page 113 STAT. 1501A-191]]

            the head of each Federal agency shall provide to each recipient
            of the assistance a notice describing the statement made in
            paragraph (1) by the Congress.

        (c) Prohibition of Contracts With Persons Falsely Labeling Products
    as Made in America.--If it has been finally determined by a court or
    Federal agency that any person intentionally affixed a label bearing a
    ``Made in America'' inscription, or any inscription with the same
    meaning, to any product sold in or shipped to the United States that is
    not made in the United States, the person shall be ineligible to receive
    any contract or subcontract made with funds made available in this Act,
    pursuant to the debarment, suspension, and ineligibility procedures
    described in sections 9.400 through 9.409 of title 48, Code of Federal
    Regulations.
        (d) Effective Date.--The provisions of this section are applicable
    in fiscal year 2000 and thereafter.
        Sec. 308. None of the funds in this Act may be used to plan,
    prepare, or offer for sale timber from trees classified as giant sequoia
    (Sequoiadendron giganteum) which are located on National Forest System
    or Bureau of Land Management lands in a manner different than such sales
    were conducted in fiscal year 1999.
        Sec. 309. None of the funds made available by this Act may be
    obligated or expended by the National Park Service to enter into or
    implement a concession contract which permits or requires the removal of
    the underground lunchroom at the Carlsbad Caverns National Park.
        Sec. 310. None of the funds appropriated or otherwise made available
    by this Act may be used for the AmeriCorps program, unless the relevant
    agencies of the Department of the Interior and/or Agriculture follow
    appropriate reprogramming guidelines: Provided, That if no funds are
    provided for the AmeriCorps program by the Departments of Veterans
    Affairs and Housing and Urban Development, and Independent Agencies
    Appropriations Act, 2000, then none of the funds appropriated or
    otherwise made available by this Act may be used for the AmeriCorps
    programs.
        Sec. 311. None of the funds made available in this Act may be used:
    (1) to demolish the bridge between Jersey City, New Jersey, and Ellis
    Island; or (2) to prevent pedestrian use of such bridge, when it is made
    known to the Federal official having authority to obligate or expend
    such funds that such pedestrian use is consistent with generally
    accepted safety standards.
        Sec. 312. (a) Limitation of Funds.--None of the funds appropriated
    or otherwise made available pursuant to this Act shall be obligated or
    expended to accept or process applications for a patent for any mining
    or mill site claim located under the general mining laws.
        (b) Exceptions.--The provisions of subsection (a) shall not apply if
    the Secretary of the Interior determines that, for the claim concerned:
    (1) a patent application was filed with the Secretary on or before
    September 30, 1994; and (2) all requirements established under sections
    2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
    lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
    Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
    of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
    may be, were fully complied with by the applicant by that date.

    [[Page 113 STAT. 1501A-192]]

        (c) Report.--On September 30, 2000, the Secretary of the Interior
    shall file with the House and Senate Committees on Appropriations and
    the Committee on Resources of the House of Representatives and the
    Committee on Energy and Natural Resources of the Senate a report on
    actions taken by the department under the plan submitted pursuant to
    section 314(c) of the Department of the Interior and Related Agencies
    Appropriations Act, 1997 (Public Law 104-208).
        (d) Mineral Examinations.--In order to process patent applications
    in a timely and responsible manner, upon the request of a patent
    applicant, the Secretary of the Interior shall allow the applicant to
    fund a qualified third-party contractor to be selected by the Bureau of
    Land Management to conduct a mineral examination of the mining claims or
    mill sites contained in a patent application as set forth in subsection
    (b). The Bureau of Land Management shall have the sole responsibility to
    choose and pay the third-party contractor in accordance with the
    standard procedures employed by the Bureau of Land Management in the
    retention of third-party contractors.
        Sec. 313. Notwithstanding any other provision of law, amounts
    appropriated to or earmarked in committee reports for the Bureau of
    Indian Affairs and the Indian Health Service by Public Laws 103-138,
    103-332, 104-134, 104-208, 105-83, and 105-277 for payments to tribes
    and tribal organizations for contract support costs associated with
    self-determination or self-governance contracts, grants, compacts, or
    annual funding agreements with the Bureau of Indian Affairs or the
    Indian Health Service as funded by such Acts, are the total amounts
    available for fiscal years 1994 through 1999 for such purposes, except
    that, for the Bureau of Indian Affairs, tribes and tribal organizations
    may use their tribal priority allocations for unmet indirect costs of
    ongoing contracts, grants, self-governance compacts or annual funding
    agreements.
        Sec. 314. Notwithstanding any other provision of law, for fiscal
    year 2000 the Secretaries of Agriculture and the Interior are authorized
    to limit competition for watershed restoration project contracts as part
    of the ``Jobs in the Woods'' component of the President's Forest Plan
    for the Pacific Northwest or the Jobs in the Woods Program established
    in Region 10 of the Forest Service to individuals and entities in
    historically timber-dependent areas in the States of Washington, Oregon,
    northern California and Alaska that have been affected by reduced timber
    harvesting on Federal lands.
        Sec. 315. None of the funds collected under the Recreational Fee
    Demonstration program may be used to plan, design, or construct a
    visitor center or any other permanent structure without prior approval
    of the House and the Senate Committees on Appropriations if the
    estimated total cost of the facility exceeds $500,000.
        Sec. 316. All interests created under leases, concessions, permits
    and other agreements associated with the properties administered by the
    Presidio Trust shall be exempt from all taxes and special assessments of
    every kind by the State of California and its political subdivisions.
        Sec. 317. None of the funds made available in this or any other Act
    for any fiscal year may be used to designate, or to post any sign
    designating, any portion of Canaveral National Seashore in Brevard
    County, Florida, as a clothing-optional area or as an area in which
    public nudity is permitted, if such designation would be contrary to
    county ordinance.

    [[Page 113 STAT. 1501A-193]]

        Sec. 318. Of the funds provided to the National Endowment for the
    Arts--
                (1) The Chairperson shall only award a grant to an
            individual if such grant is awarded to such individual for a
            literature fellowship, National Heritage Fellowship, or American
            Jazz Masters Fellowship.
                (2) The Chairperson shall establish procedures to ensure
            that no funding provided through a grant, except a grant made to
            a State or local arts agency, or regional group, may be used to
            make a grant to any other organization or individual to conduct
            activity independent of the direct grant recipient. Nothing in
            this subsection shall prohibit payments made in exchange for
            goods and services.
                (3) No grant shall be used for seasonal support to a group,
            unless the application is specific to the contents of the
            season, including identified programs and/or projects.

        Sec. 319. The National Endowment for the Arts and the National
    Endowment for the Humanities are authorized to solicit, accept, receive,
    and invest in the name of the United States, gifts, bequests, or devises
    of money and other property or services and to use such in furtherance
    of the functions of the National Endowment for the Arts and the National
    Endowment for the Humanities. Any proceeds from such gifts, bequests, or
    devises, after acceptance by the National Endowment for the Arts or the
    National Endowment for the Humanities, shall be paid by the donor or the
    representative of the donor to the Chairman. The Chairman shall enter
    the proceeds in a special interest-bearing account to the credit of the
    appropriate endowment for the purposes specified in each case.
        Sec. 320. (a) In providing services or awarding financial assistance
    under the National Foundation on the Arts and the Humanities Act of 1965
    from funds appropriated under this Act, the Chairperson of the National
    Endowment for the Arts shall ensure that priority is given to providing
    services or awarding financial assistance for projects, productions,
    workshops, or programs that serve underserved populations.
        (b) In this section:
                (1) The term ``underserved population'' means a population
            of individuals, including urban minorities, who have
            historically been outside the purview of arts and humanities
            programs due to factors such as a high incidence of income below
            the poverty line or to geographic isolation.
                (2) The term ``poverty line'' means the poverty line (as
            defined by the Office of Management and Budget, and revised
            annually in accordance with section 673(2) of the Community
            Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
            family of the size involved.

        (c) In providing services and awarding financial assistance under
    the National Foundation on the Arts and Humanities Act of 1965 with
    funds appropriated by this Act, the Chairperson of the National
    Endowment for the Arts shall ensure that priority is given to providing
    services or awarding financial assistance for projects, productions,
    workshops, or programs that will encourage public knowledge, education,
    understanding, and appreciation of the arts.

    [[Page 113 STAT. 1501A-194]]

        (d) With funds appropriated by this Act to carry out section 5 of
    the National Foundation on the Arts and Humanities Act of 1965--
                (1) the Chairperson shall establish a grant category for
            projects, productions, workshops, or programs that are of
            national impact or availability or are able to tour several
            States;
                (2) the Chairperson shall not make grants exceeding 15
            percent, in the aggregate, of such funds to any single State,
            excluding grants made under the authority of paragraph (1);
                (3) the Chairperson shall report to the Congress annually
            and by State, on grants awarded by the Chairperson in each grant
            category under section 5 of such Act; and
                (4) the Chairperson shall encourage the use of grants to
            improve and support community-based music performance and
            education.

        Sec. 321. No part of any appropriation contained in this Act shall
    be expended or obligated to fund new revisions of national forest land
    management plans until new final or interim final rules for forest land
    management planning are published in the Federal Register. Those
    national forests which are currently in a revision process, having
    formally published a Notice of Intent to revise prior to October 1,
    1997; those national forests having been court-ordered to revise; those
    national forests where plans reach the 15 year legally mandated date to
    revise before or during calendar year 2001; national forests within the
    Interior Columbia Basin Ecosystem study area; and the White Mountain
    National Forest are exempt from this section and may use funds in this
    Act and proceed to complete the forest plan revision in accordance with
    current forest planning regulations.
        Sec. 322. No part of any appropriation contained in this Act shall
    be expended or obligated to complete and issue the 5-year program under
    the Forest and Rangeland Renewable Resources Planning Act.
        Sec. 323. None of the funds in this Act may be used to support
    Government-wide administrative functions unless such functions are
    justified in the budget process and funding is approved by the House and
    Senate Committees on Appropriations.
        Sec. 324. Notwithstanding any other provision of law, none of the
    funds in this Act may be used for GSA Telecommunication Centers or the
    President's Council on Sustainable Development.
        Sec. 325. None of the funds in this Act may be used for planning,
    design or construction of improvements to Pennsylvania Avenue in front
    of the White House without the advance approval of the House and Senate
    Committees on Appropriations.
        Sec. 326. (a) Short Title.--This section may be cited as the
    ``National Park Service Studies Act of 1999''.
        (b) Authorization of Studies.--
                (1) In general.--The Secretary of the Interior (``the
            Secretary'') shall conduct studies of the geographical areas and
            historic and cultural themes described in subsection (b)(3) to
            determine the appropriateness of including such areas or themes
            in the National Park System.
                (2) Criteria.--In conducting the studies authorized by this
            Act, the Secretary shall use the criteria for the study of areas
            for potential inclusion in the National Park System in
            accordance with section 8 of Public Law 91-383, as amended by

    [[Page 113 STAT. 1501A-195]]

            section 303 of the National Parks Omnibus Management Act (Public
            Law 105-391; 112 Stat. 3501).
                (3) Study areas.--The Secretary shall conduct studies of the
            following:
                        (A) Anderson Cottage, Washington, District of
                    Columbia.
                        (B) Bioluminescent Bay, Puerto Rico.
                        (C) Civil Rights Sites, multi-State.
                        (D) Crossroads of the American Revolution, Central
                    New Jersey.
                        (E) Fort Hunter Liggett, California.
                        (F) Fort King, Florida.
                        (G) Gaviota Coast Seashore, California.
                        (H) Kate Mullany House, New York.
                        (I) Loess Hills, Iowa.
                        (J) Low Country Gullah Culture, multi-State.
                        (K) Nan Madol, State of Ponape, Federated States of
                    Micronesia (upon the request of the Government of the
                    Federated States of Micronesia).
                        (L) Walden Pond and Woods, Massachusetts.
                        (M) World War II Sites, Commonwealth of the Northern
                    Marianas.
                        (N) World War II Sites, Republic of Palau (upon the
                    request of the Government of the Republic of Palau).

        (c) Reports.--The Secretary shall submit to the Committee on Energy
    and Natural Resources of the Senate and the Committee on Resources of
    the House of Representatives a report on the findings, conclusions, and
    recommendations of each study under subsection (b) within three fiscal
    years following the date on which funds are first made available for
    each study.
        Sec. 327. Amounts deposited during fiscal year 1999 in the roads and
    trails fund provided for in the fourteenth paragraph under the heading
    ``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C.
    501), shall be used by the Secretary of Agriculture, without regard to
    the State in which the amounts were derived, to repair or reconstruct
    roads, bridges, and trails on National Forest System lands or to carry
    out and administer projects to improve forest health conditions, which
    may include the repair or reconstruction of roads, bridges, and trails
    on National Forest System lands in the wildland-community interface
    where there is an abnormally high risk of fire. The projects shall
    emphasize reducing risks to human safety and public health and property
    and enhancing ecological functions, long-term forest productivity, and
    biological integrity. The Secretary shall commence the projects during
    fiscal year 2000, but the projects may be completed in a subsequent
    fiscal year. Funds shall not be expended under this section to replace
    funds which would otherwise appropriately be expended from the timber
    salvage sale fund. Nothing in this section shall be construed to exempt
    any project from any environmental law.
        Sec. 328. None of the funds in this Act may be used to establish a
    new National Wildlife Refuge in the Kankakee River basin that is
    inconsistent with the United States Army Corps of Engineers' efforts to
    control flooding and siltation in that area. Written certification of
    consistency shall be submitted to the House and Senate Committees on
    Appropriations prior to refuge establishment.

    [[Page 113 STAT. 1501A-196]]

        Sec. 329. None of the funds provided in this or previous
    appropriations Acts for the agencies funded by this Act or provided from
    any accounts in the Treasury of the United States derived by the
    collection of fees available to the agencies funded by this Act, shall
    be transferred to or used to fund personnel, training, or other
    administrative activities at the Council on Environmental Quality or
    other offices in the Executive Office of the President for purposes
    related to the American Heritage Rivers program.
        Sec. 330. Other than in emergency situations, none of the funds in
    this Act may be used to operate telephone answering machines during core
    business hours unless such answering machines include an option that
    enables callers to reach promptly an individual on-duty with the agency
    being contacted.
        Sec. 331. Enhancing Forest Service Administration of Rights-of-way
    and Land Uses. (a) The Secretary of Agriculture shall develop and
    implement a pilot program for the purpose of enhancing forest service
    administration of rights-of-way and other land uses. The authority for
    this program shall be for fiscal years 2000 through 2004. Prior to the
    expiration of the authority for this pilot program, the Secretary shall
    submit a report to the House and Senate Committees on Appropriations,
    and the Committee on Energy and Natural Resources of the Senate and the
    Committee on Resources of the House of Representatives that evaluates
    whether the use of funds under this section resulted in more expeditious
    approval of rights-of-way and special use authorizations. This report
    shall include the Secretary's recommendation for statutory or regulatory
    changes to reduce the average processing time for rights-of-way and
    special use permit applications.
        (b) Deposit of Fees.--Subject to subsections (a) and (f ), during
    fiscal years 2000 through 2004, the Secretary of Agriculture shall
    deposit into a special account established in the Treasury all fees
    collected by the Secretary to recover the costs of processing
    applications for, and monitoring compliance with, authorizations to use
    and occupy National Forest System lands pursuant to section 28(l) of the
    Mineral Leasing Act (30 U.S.C. 185(l)), section 504(g) of the Federal
    Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)), section 9701
    of title 31, United States Code, and section 110(g) of the National
    Historic Preservation Act (16 U.S.C. 470h-2(g)).
        (c) Use of Retained Amounts.--Amounts deposited pursuant to
    subsection (b) shall be available, without further appropriation, for
    expenditure by the Secretary of Agriculture to cover costs incurred by
    the Forest Service for the processing of applications for special use
    authorizations and for monitoring activities undertaken in connection
    with such authorizations. Amounts in the special account shall remain
    available for such purposes until expended.
        (d) Reporting Requirement.--In the budget justification documents
    submitted by the Secretary of Agriculture in support of the President's
    budget for a fiscal year under section 1105 of title 31, United States
    Code, the Secretary shall include a description of the purposes for
    which amounts were expended from the special account during the
    preceding fiscal year, including the amounts expended for each purpose,
    and a description of the purposes for which amounts are proposed to be
    expended from the special account during the next fiscal year, including
    the amounts proposed to be expended for each purpose.

    [[Page 113 STAT. 1501A-197]]

        (e) Definition of Authorization.--For purposes of this section, the
    term ``authorizations'' means special use authorizations issued under
    subpart B of part 251 of title 36, Code of Federal Regulations.
        (f ) Implementation.--This section shall take effect upon
    promulgation of Forest Service regulations for the collection of fees
    for processing of special use authorizations and for related monitoring
    activities.
        Sec. 332. Hardwood Technology Transfer and Applied Research. (a) The
    Secretary of Agriculture (hereinafter the ``Secretary'') is hereby and
    hereafter authorized to conduct technology transfer and development,
    training, dissemination of information and applied research in the
    management, processing and utilization of the hardwood forest resource.
    This authority is in addition to any other authorities which may be
    available to the Secretary including, but not limited to, the
    Cooperative Forestry Assistance Act of 1978, as amended (16 U.S.C. 2101
    et seq.), and the Forest and Rangeland Renewable Resources Act of 1978,
    as amended (16 U.S.C. 1600-1614).
        (b) In carrying out this authority, the Secretary may enter into
    grants, contracts, and cooperative agreements with public and private
    agencies, organizations, corporations, institutions and individuals. The
    Secretary may accept gifts and donations pursuant to the Act of October
    10, 1978 (7 U.S.C. 2269) including gifts and donations from a donor that
    conducts business with any agency of the Department of Agriculture or is
    regulated by the Secretary of Agriculture.
        (c) The Secretary is hereby and hereafter authorized to operate and
    utilize the assets of the Wood Education and Resource Center (previously
    named the Robert C. Byrd Hardwood Technology Center in West Virginia) as
    part of a newly formed ``Institute of Hardwood Technology Transfer and
    Applied Research'' (hereinafter the ``Institute''). The Institute, in
    addition to the Wood Education and Resource Center, will consist of a
    Director, technology transfer specialists from State and Private
    Forestry, the Forestry Sciences Laboratory in Princeton, West Virginia,
    and any other organizational unit of the Department of Agriculture as
    the Secretary deems appropriate. The overall management of the Institute
    will be the responsibility of the Forest Service, State and Private
    Forestry.
        (d) The Secretary is hereby and hereafter authorized to generate
    revenue using the authorities provided herein. Any revenue received as
    part of the operation of the Institute shall be deposited into a special
    fund in the Treasury of the United States, known as the ``Hardwood
    Technology Transfer and Applied Research Fund'', which shall be
    available to the Secretary until expended, without further
    appropriation, in furtherance of the purposes of this section, including
    upkeep, management, and operation of the Institute and the payment of
    salaries and expenses.
        (e) There are hereby and hereafter authorized to be appropriated
    such sums as necessary to carry out the provisions of this section.
        Sec. 333. No timber sale in Region 10 shall be advertised if the
    indicated rate is deficit when appraised under the transaction evidence
    appraisal system using domestic Alaska values for western red cedar:
    Provided, That sales which are deficit when appraised under the
    transaction evidence appraisal system using domestic Alaska values for
    western red cedar may be advertised upon receipt

    [[Page 113 STAT. 1501A-198]]

    of a written request by a prospective, informed bidder, who has the
    opportunity to review the Forest Service's cruise and harvest cost
    estimate for that timber. Program accomplishments shall be based on
    volume sold. Should Region 10 sell, in fiscal year 2000, the annual
    average portion of the decadal allowable sale quantity called for in the
    current Tongass Land Management Plan in sales which are not deficit when
    appraised under the transaction evidence appraisal system using domestic
    Alaska values for western red cedar, all of the western red cedar timber
    from those sales which is surplus to the needs of domestic processors in
    Alaska, shall be made available to domestic processors in the contiguous
    48 United States at prevailing domestic prices. Should Region 10 sell,
    in fiscal year 2000, less than the annual average portion of the decadal
    allowable sale quantity called for in the current Tongass Land
    Management Plan in sales which are not deficit when appraised under the
    transaction evidence appraisal system using domestic Alaska values for
    western red cedar, the volume of western red cedar timber available to
    domestic processors at prevailing domestic prices in the contiguous 48
    United States shall be that volume: (i) which is surplus to the needs of
    domestic processors in Alaska; and (ii) is that percent of the surplus
    western red cedar volume determined by calculating the ratio of the
    total timber volume which has been sold on the Tongass to the annual
    average portion of the decadal allowable sale quantity called for in the
    current Tongass Land Management Plan. The percentage shall be calculated
    by Region 10 on a rolling basis as each sale is sold (for purposes of
    this amendment, a ``rolling basis'' shall mean that the determination of
    how much western red cedar is eligible for sale to various markets shall
    be made at the time each sale is awarded). Western red cedar shall be
    deemed ``surplus to the needs of domestic processors in Alaska'' when
    the timber sale holder has presented to the Forest Service documentation
    of the inability to sell western red cedar logs from a given sale to
    domestic Alaska processors at price equal to or greater than the log
    selling value stated in the contract. All additional western red cedar
    volume not sold to Alaska or contiguous 48 United States domestic
    processors may be exported to foreign markets at the election of the
    timber sale holder. All Alaska yellow cedar may be sold at prevailing
    export prices at the election of the timber sale holder.
        Sec. 334. Subsection 104(d) of Public Law 104-333 (110 Stat. 4102)
    is amended--
                (1) in paragraph (3) by striking ``after determining that
            the projects to be funded from the proceeds thereof are
            creditworthy and that a repayment schedule is established and
            only'' and inserting ``including a review of the
            creditworthiness of the loan and establishment of a repayment
            schedule,'' after ``and subject to such terms and conditions,'';
            and
                (2) in paragraph (4) by inserting ``paragraph (3) of''
            before ``this subsection''.

        Sec. 335. The Secretary of Agriculture and the Secretary of the
    Interior shall:
                (1) prepare the report required of them by section 323(a) of
            the Interior and Related Agencies Appropriations Act, 1998
            (Public Law 105-83; 111 Stat. 1543, 1596-7) except that the
            report describing the estimated production of goods and services
            for the first 5 years during the course of the decision may be
            completed for either each individual unit of Federal lands

    [[Page 113 STAT. 1501A-199]]

            or for each of the Resource Advisory Council or Provincial
            Advisory Council units that fall within the Basin area;
                (2) distribute the report and make such report available for
            public comment for a minimum of 120 days; and
                (3) include detailed responses to the public comment in any
            final environmental impact statement associated with the
            Interior Columbia Basin Ecosystem Management Project.

        Sec. 336. None of the funds appropriated by this Act shall be used
    to propose or issue rules, regulations, decrees, or orders for the
    purpose of implementation, or in preparation for implementation, of the
    Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan
    at the Third Conference of the Parties to the United Nations Framework
    Convention on Climate Change, which has not been submitted to the Senate
    for advice and consent to ratification pursuant to article II, section
    2, clause 2, of the United States Constitution, and which has not
    entered into force pursuant to article 25 of the Protocol.
        Sec. 337. (a) Millsites Opinion.--No funds shall be expended by the
    Department of the Interior or the Department of Agriculture, for fiscal
    years 2000 and 2001, to limit the number or acreage of millsites based
    on the ratio between the number or acreage of millsites and the number
    or acreage of associated lode or placer claims with respect to any
    patent application grandfathered pursuant to section 113 of the
    Department of the Interior and Related Agencies, Appropriations Act,
    1995; any operation for which a plan of operations has been previously
    approved; or any operation for which a plan of operations has been
    submitted to the Bureau of Land Management or Forest Service prior to
    November 7, 1997.
        (b) No Ratification.--Nothing in this Act or the Emergency
    Supplemental Act of 1999 shall be construed as an explicit or tacit
    adoption, ratification, endorsement, approval, rejection or disapproval
    of the opinion dated November 7, 1997, by the solicitor of the
    Department of the Interior concerning millsites.
        Sec. 338. The Forest Service, in consultation with the Department of
    Labor, shall review Forest Service campground concessions policy to
    determine if modifications can be made to Forest Service contracts for
    campgrounds so that such concessions fall within the regulatory
    exemption of 29 CFR 4.122(b). The Forest Service shall offer in fiscal
    year 2000 such concession prospectuses under the regulatory exemption,
    except that, any prospectus that does not meet the requirements of the
    regulatory exemption shall be offered as a service contract in
    accordance with the requirements of 41 U.S.C. 351-358.
        Sec. 339. Pilot Program of Charges and Fees for Harvest of Forest
    Botanical Products. (a) Definition of Forest Botanical Product.--For
    purposes of this section, the term ``forest botanical product'' means
    any naturally occurring mushrooms, fungi, flowers, seeds, roots, bark,
    leaves, and other vegetation (or portion thereof ) that grow on National
    Forest System lands. The term does not include trees, except as provided
    in regulations issued under this section by the Secretary of
    Agriculture.
        (b) Recovery of Fair Market Value for Products.--The Secretary of
    Agriculture shall develop and implement a pilot program to charge and
    collect not less than the fair market value for forest botanical
    products harvested on National Forest System lands. The Secretary shall
    establish appraisal methods and bidding

    [[Page 113 STAT. 1501A-200]]

    procedures to ensure that the amounts collected for forest botanical
    products are not less than fair market value.
        (c) Fees.--
                (1) Imposition and collection.--Under the pilot program, the
            Secretary of Agriculture shall also charge and collect fees from
            persons who harvest forest botanical products on National Forest
            System lands to recover all costs to the Department of
            Agriculture associated with the granting, modifying, or
            monitoring the authorization for harvest of the forest botanical
            products, including the costs of any environmental or other
            analysis.
                (2) Security.--The Secretary may require a person assessed a
            fee under this subsection to provide security to ensure that the
            Secretary receives the fees imposed under this subsection from
            the person.

        (d) Sustainable Harvest Levels for Forest Botanical Products.--The
    Secretary of Agriculture shall conduct appropriate analyses to determine
    whether and how the harvest of forest botanical products on National
    Forest System lands can be conducted on a sustainable basis. The
    Secretary may not permit under the pilot program the harvest of forest
    botanical products at levels in excess of sustainable harvest levels, as
    defined pursuant to the Multiple-Use Sustained-Yield Act of 1960 (16
    U.S.C. 528 et seq.). The Secretary shall establish procedures and
    timeframes to monitor and revise the harvest levels established for
    forest botanical products.
        (e) Waiver Authority.--
                (1) Personal use.--The Secretary of Agriculture shall
            establish a personal use harvest level for each forest botanical
            product, and the harvest of a forest botanical product below
            that level by a person for personal use shall not be subject to
            charges and fees under subsections (b) and (c).
                (2) Other exceptions.--The Secretary may also waive the
            application of subsection (b) or (c) pursuant to such
            regulations as the Secretary may prescribe.

        (f ) Deposit and Use of Funds.--
                (1) Deposit.--Funds collected under the pilot program in
            accordance with subsections (b) and (c) shall be deposited into
            a special account in the Treasury of the United States.
                (2) Funds available.--Funds deposited into the special
            account in accordance with paragraph (1) in excess of the
            amounts collected for forest botanical products during fiscal
            year 1999 shall be available for expenditure by the Secretary of
            Agriculture under paragraph (3) without further appropriation,
            and shall remain available for expenditure until the date
            specified in subsection (h)(2).
                (3) Authorized uses.--The funds made available under
            paragraph (2) shall be expended at units of the National Forest
            System in proportion to the charges and fees collected at that
            unit under the pilot program to pay for--
                        (A) in the case of funds collected under subsection
                    (b), the costs of conducting inventories of forest
                    botanical products, determining sustainable levels of
                    harvest, monitoring and assessing the impacts of harvest
                    levels and methods, and for restoration activities,
                    including any necessary vegetation; and

    [[Page 113 STAT. 1501A-201]]

                        (B) in the case of fees collected under subsection
                    (c), the costs described in paragraph (1) of such
                    subsection.
                (4) Treatment of fees.--Funds collected under subsections
            (b) and (c) shall not be taken into account for the purposes of
            the following laws:
                        (A) The sixth paragraph under the heading ``forest
                    service'' in the Act of May 23, 1908 (16 U.S.C. 500) and
                    section 13 of the Act of March 1, 1911 (commonly known
                    as the Weeks Act; 16 U.S.C. 500).
                        (B) The fourteenth paragraph under the heading
                    ``forest service'' in the Act of March 4, 1913 (16
                    U.S.C. 501).
                        (C) Section 33 of the Bankhead-Jones Farm Tenant Act
                    (7 U.S.C. 1012).
                        (D) The Act of August 8, 1937, and the Act of May
                    24, 1939 (43 U.S.C. 1181a et seq.).
                        (E) Section 6 of the Act of June 14, 1926 (commonly
                    known as the Recreation and Public Purposes Act; 43
                    U.S.C. 869-4).
                        (F) Chapter 69 of title 31, United States Code.
                        (G) Section 401 of the Act of June 15, 1935 (16
                    U.S.C. 715s).
                        (H) Section 4 of the Land and Water Conservation
                    Fund Act of 1965 (16 U.S.C. 460l-6a).
                        (I) Any other provision of law relating to revenue
                    allocation.

        (g) Reporting Requirements.--As soon as practicable after the end of
    each fiscal year in which the Secretary of Agriculture collects charges
    and fees under subsections (b) and (c) or expends funds from the special
    account under subsection (f ), the Secretary shall submit to the
    Congress a report summarizing the activities of the Secretary under the
    pilot program, including the funds generated under subsections (b) and
    (c), the expenses incurred to carry out the pilot program, and the
    expenditures made from the special account during that fiscal year.
        (h) Duration of Pilot Program.--
                (1) Charges and fees.--The Secretary of Agriculture may
            collect charges and fees under the authority of subsections (b)
            and (c) only during fiscal years 2000 through 2004.
                (2) Use of special account.--The Secretary may make
            expenditures from the special account under subsection (f )
            until September 30 of the fiscal year following the last fiscal
            year specified in paragraph (1). After that date, amounts
            remaining in the special account shall be transferred to the
            general fund of the Treasury.

        Sec. 340. Title III, section 3001 of Public Law 106-31 is amended by
    inserting after ``Alabama,'' the following: ``in fiscal year 1999 or
    2000''.
        Sec. 341. Section 347 of title III of section 101(e) of division A
    of Public Law 105-277 is hereby amended--
                (1) in subsection (a)--
                        (A) by inserting ``, via agreement or contract as
                    appropriate,'' before ``may enter into''; and
                        (B) by striking ``(28) contracts with private
                    persons and'' and inserting ``(28) stewardship
                    contracting demonstration pilot projects with private
                    persons or other public or private'';

    [[Page 113 STAT. 1501A-202]]

                (2) in subsection (b), by striking ``contract'' and
            inserting ``project'';
                (3) in subsection (c)--
                        (A) in the heading, by inserting ``Agreements or''
                    before ``Contracts'';
                        (B) in paragraph (1)--
                              (i) by striking ``a contract'' and inserting
                          ``an agreement or contract''; and
                              (ii) by striking ``private contracts'' and
                          inserting ``private agreements or contracts'';
                        (C) in paragraph (3), by inserting ``agreement or''
                    before ``contracts''; and
                        (D) in paragraph (4), by inserting ``agreement or''
                    before ``contracts'';
                (4) in subsection (d)--
                        (A) in paragraph (1), by striking ``a contract'' and
                    inserting ``an agreement or contract''; and
                        (B) in paragraph (2), by striking ``a contract'' and
                    inserting ``an agreement or contract''; and
                (5) in subsection (g)--
                        (A) in the first sentence by striking ``contract''
                    and inserting ``pilot project''; and
                        (B) in the last sentence--
                              (i) by inserting ``agreements or'' before
                          ``contracts''; and
                              (ii) by inserting ``agreements or'' before
                          ``contract''.

        Sec. 342. Notwithstanding section 343 of Public Law 105-83,
    increases in recreation residence fees shall be implemented in fiscal
    year 2000 only to the extent that the fiscal year 2000 fees do not
    exceed the fiscal year 1999 fee by more than $2,000.
        Sec. 343. Redesignation of Blackstone River Valley National Heritage
    Corridor in Honor of John H. Chafee. (a) Corridor.--
                (1) In general.--The Blackstone River Valley National
            Heritage Corridor established by section 1 of Public Law 99-647
            (16 U.S.C. 461 note) is redesignated as the ``John H. Chafee
            Blackstone River Valley National Heritage Corridor''.
                (2) References.--Any reference in a law, map, regulation,
            document, paper, or other record of the United States to the
            Blackstone River Valley National Heritage Corridor shall be
            deemed to be a reference to the John H. Chafee Blackstone River
            Valley National Heritage Corridor.

        (b) Commission.--
                (1) In general.--The Blackstone River Valley National
            Heritage Corridor Commission established by section 3 of Public
            Law 99-647 (16 U.S.C. 461 note) is redesignated as the ``John H.
            Chafee Blackstone River Valley National Heritage Corridor
            Commission''.
                (2) References.--Any reference in a law, map, regulation,
            document, paper, or other record of the United States to the
            Blackstone River Valley National Heritage Corridor Commission
            shall be deemed to be a reference to the John H. Chafee
            Blackstone River Valley National Heritage Corridor Commission.

        (c) Conforming Amendments.--
                (1) Section 1 of Public Law 99-647 (16 U.S.C. 461 note) is
            amended in the first sentence by striking ``Blackstone River

    [[Page 113 STAT. 1501A-203]]

            Valley National Heritage Corridor'' and inserting ``John H.
            Chafee Blackstone River Valley National Heritage Corridor''.
                (2) Section 3 of Public Law 99-647 (16 U.S.C. 461 note) is
            amended--
                        (A) in the section heading, by striking ``blackstone
                    river valley national heritage corridor commission'' and
                    inserting ``john h. chafee blackstone river valley
                    national heritage corridor commission''; and
                        (B) in subsection (a), by striking ``Blackstone
                    River Valley National Heritage Corridor Commission'' and
                    inserting ``John H. Chafee Blackstone River Valley
                    National Heritage Corridor Commission''.

        Sec. 344. A project undertaken by the Forest Service under the
    Recreation Fee Demonstration Program as authorized by section 315 of the
    Department of the Interior and Related Agencies Appropriations Act for
    Fiscal Year 1996, as amended, shall not result in--
                (1) displacement of the holder of an authorization to
            provide commercial recreation services on Federal lands. Prior
            to initiating any project, the Secretary shall consult with
            potentially affected holders to determine what impacts the
            project may have on the holders. Any modifications to the
            authorization shall be made within the terms and conditions of
            the authorization and authorities of the impacted agency.
                (2) the return of a commercial recreation service to the
            Secretary for operation when such services have been provided in
            the past by a private sector provider, except when--
                        (A) the private sector provider fails to bid on such
                    opportunities;
                        (B) the private sector provider terminates its
                    relationship with the agency; or
                        (C) the agency revokes the permit for non-compliance
                    with the terms and conditions of the authorization.

    In such cases, the agency may use the Recreation Fee Demonstration
    Program to provide for operations until a subsequent operator can be
    found through the offering of a new prospectus.
        Sec. 345. National Forest-Dependent Rural Communities Economic
    Diversification. (a) Findings and Purposes.--Section 2373 of the
    National Forest-Dependent Rural Communities Economic Diversification Act
    of 1990 (7 U.S.C. 6611) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (2), by striking ``national
                    forests'' and inserting ``National Forest System land'';
                        (B) in paragraph (4), by striking ``the national
                    forests'' and inserting ``National Forest System land'';
                        (C) in paragraph (5), by striking ``forest
                    resources'' and inserting ``natural resources''; and
                        (D) in paragraph (6), by striking ``national forest
                    resources'' and inserting ``National Forest System land
                    resources''; and
                (2) in subsection (b)(1)--
                        (A) by striking ``national forests'' and inserting
                    ``National Forest System land''; and
                        (B) by striking ``forest resources'' and inserting
                    ``natural resources''.

        (b) Definitions.--Section 2374(1) of the National Forest-Dependent
    Rural Communities Economic Diversification Act of 1990

    [[Page 113 STAT. 1501A-204]]

    (7 U.S.C. 6612(1)) is amended by striking ``forestry'' and inserting
    ``natural resources''.
        (c) Rural Forestry and Economic Diversification Action Teams.--
    Section 2375(b) of the National Forest-Dependent Rural Communities
    Economic Diversification Act of 1990 (7 U.S.C. 6613(b)) is amended--
                (1) in the first sentence, by striking ``forestry'' and
            inserting ``natural resources''; and
                (2) in the second and third sentences, by striking
            ``national forest resources'' and inserting ``National Forest
            System land resources''.

        (d) Action Plan Implementation.--Section 2376(a) of the National
    Forest-Dependent Rural Communities Economic Diversification Act of 1990
    (7 U.S.C. 6614(a)) is amended--
                (1) by striking ``forest resources'' and inserting ``natural
            resources''; and
                (2) by striking ``national forest resources'' and inserting
            ``National Forest System land resources''.

        (e) Training and Education.--Paragraphs (3) and (4) of section
    2377(a) of the National Forest-Dependent Rural Communities Economic
    Diversification Act of 1990 (7 U.S.C. 6615(a)) are amended by striking
    ``national forest resources'' and inserting ``National Forest System
    land resources''.
        (f ) Loans to Economically Disadvantaged Rural Communities.--
    Paragraphs (2) and (3) of section 2378(a) of the National Forest-
    Dependent Rural Communities Economic Diversification Act of 1990 (7
    U.S.C. 6616(a)) are amended by striking ``national forest resources''
    and inserting ``National Forest System land resources''.
        Sec. 346. Interstate 90 Land Exchange Amendment. (a) This section
    shall be referred to as the ``Interstate 90 Land Exchange Amendment''.
        (b) Section 604(a) of the Interstate 90 Land Exchange Act of 1998,
    Public Law 105-277; 112 Stat. 2681-328 (1998), is hereby amended by
    adding at the end of the first sentence: ``except title to offered lands
    and interests in lands described as follows: Township 21 North, Range 12
    East, Section 15, W.M., Township 21 North, Range 12 East, Section 23,
    W.M., Township 21 North, Range 12 East, Section 25, W.M., Township 19
    North, Range 13 East, Section 7, W.M., Township 19 North, Range 15 East,
    Section 31, W.M., Township 19 North, Range 14 East, Section 25, W.M.,
    Township 22 North, Range 11 East, Section 3, W.M., and Township 22
    North, Range 11 East, Section 19, W.M. must be placed in escrow by Plum
    Creek, according to terms and conditions acceptable to the Secretary and
    Plum Creek, for a 3-year period beginning on the later of the date of
    the enactment of this Act or consummation of the exchange. During the
    period the lands are held in escrow, Plum Creek shall not undertake any
    activities on these lands, except for fire suppression and road
    maintenance, without the approval of the Secretary, which shall not be
    unreasonably withheld''.
        (c) Section 604(a) is further amended by inserting in section (2)
    after the words ``dated October 1998'' the following: ``except the
    following parcels: Township 19 North, Range 15 East, Section 29, W.M.,
    Township 18 North, Range 15 East, Section 3, W.M., Township 19 North,
    Range 14 East, Section 9, W.M., Township 21 North, Range 14 East,
    Section 7, W.M., Township 22 North, Range 12 East, Section 35, W.M.,
    Township 22 North, Range 13

    [[Page 113 STAT. 1501A-205]]

    East, Section 3, W.M., Township 22 North, Range 13 East, Section 9,
    W.M., Township 22 North, Range 13 East, Section 11, W.M., Township 22
    North, Range 13 East, Section 13, W.M., Township 22 North, Range 13
    East, Section 15, W.M., Township 22 North, Range 13 East, Section 25,
    W.M., Township 22 North, Range 13 East, Section 33, W.M., Township 22
    North, Range 13 East, Section 35, W.M., Township 22 North, Range 14
    East, Section 7, W.M., Township 22 North, Range 14 East, Section 9,
    W.M., Township 22 North, Range 14 East, Section 11, W.M., Township 22
    North, Range 14 East, Section 15, W.M., Township 22 North, Range 14
    East, Section 17, W.M., Township 22 North, Range 14 East, Section 21,
    W.M., Township 22 North, Range 14 East, Section 31, W.M., Township 22
    North, Range 14 East, Section 27, W.M. The appraisal approved by the
    Secretary of Agriculture on June 14, 1999 (the ``Appraisal'') shall be
    adjusted by subtracting the values for the parcels described in the
    preceding sentence determined during the Appraisal process in the
    context of the whole estate to be conveyed''.
        (d) Section 604(b) of the Interstate 90 Land Exchange Act of 1998,
    Public Law 105-277; 112 Stat. 2681-328 (1998), is hereby amended by
    inserting after the words ``offered land'' the following: ``, as
    provided in section 604(a), and placement in escrow of acceptable title
    to Township 22 North, Range 11 East, Section 3, W.M., Township 22 North,
    Range 11 East, Section 19, W.M., Township 21 North, Range 12 East,
    Section 15, W.M., Township 21 North, Range 12 East, Section 23, W.M.,
    Township 21 North, Range 12 East, Section 25, W.M., Township 19 North,
    Range 13 East, Section 7, W.M., Township 19 North, Range 15 East,
    Section 31, W.M., and Township 19 North, Range 14 East, Section 25,
    W.M.''.
        (e) Section 604(b) is further amended by inserting the following
    before the colon: ``except Township 19 North, Range 10 East, W.M.,
    Section 4, Township 20 North, Range 10 East, W.M., Section 32, and
    Township 21 North, Range 14 East, W.M., W\1/2\W\1/2\ of Section 16,
    Township 12 North, Range 7 East, Sections 4 and 5, W.M., Township 13
    North, Range 7 East, Sections 32 and 33, W.M., Township 8 North, Range 4
    East, Section 17 and the S\1/2\ of 16, W.M., which shall be retained by
    the United States''. The Appraisal shall be adjusted by subtracting the
    values determined for Township 19 North, Range 10 East, W.M., Section 4,
    Township 20 North, Range 10 East, W.M., Section 32, Township 12 North,
    Range 7 East, Sections 4 and 5, W.M., Township 13 North, Range 7 East,
    Sections 32 and 33, W.M., Township 8 North, Range 4 East, Section 17 and
    the S\1/2\ of Section 16, W.M. during the Appraisal process in the
    context of the whole estate to be conveyed.
        (f ) After adjustment of the Appraisal, the values of the offered
    and selected lands, including the offered lands held in escrow, shall be
    equalized as follows:
                (1) the appraised value of the offered lands, as such lands
            and appraised value have been adjusted hereby, minus the
            appraised value of the offered lands to be placed into escrow,
            shall be compared to the appraised value of the selected lands,
            as such lands and appraised value have been adjusted hereby, and
            the Secretary shall equalize such values by the payment of cash
            to Plum Creek at the time that deeds are exchanged, such cash to
            come from currently appropriated funds, or, if necessary, by
            reprogramming; and
                (2) the Secretary shall compensate Plum Creek for the lands
            placed into escrow, based upon the values determined

    [[Page 113 STAT. 1501A-206]]

            for each such parcel during the Appraisal process in the context
            of the whole estate to be conveyed, through the following,
            including any combination thereof:
                        (A) conveyance of any other lands under the
                    jurisdiction of the Secretary acceptable to Plum Creek
                    and the Secretary after compliance with all applicable
                    Federal environmental and other laws; and
                        (B) to the extent sufficient acceptable lands are
                    not available pursuant to paragraph (A) of this
                    subsection, cash payments as and to the extent funds
                    become available through appropriations, private
                    sources, or, if necessary, by reprogramming.

    The Secretary shall promptly seek to identify lands acceptable to
    equalize values under paragraph (A) of this subsection and shall, not
    later than July 1, 2000, provide a report to the Congress outlining the
    results of such efforts.
        (g) As funds or lands are provided to Plum Creek by the Secretary,
    Plum Creek shall release to the United States deeds for lands and
    interests in lands held in escrow based on the values determined during
    the Appraisal process in the context of the whole estate to be conveyed.
    Deeds shall be released for lands and interests in lands in the
    following order: Township 21 North, Range 12 East, Section 15, W.M.,
    Township 21 North, Range 12 East, Section 23, W.M., Township 21 North,
    Range 12 East, Section 25, W.M., Township 19 North, Range 13 East,
    Section 7, Township 19 North, Range 15 East, Section 31, Township 19
    North, Range 14 East, Section 25, Township 22 North, Range 11 East,
    Section 3, W.M., and Township 22 North, Range 11 East, Section 19, W.M.
        (h) Section 606(d) is hereby amended to read as follows: ``Timing.--
    The Secretary and Plum Creek shall make the adjustments directed in
    section 604(a) and (b) and consummate the land exchange within 30 days
    of the enactment of the Interstate 90 Land Exchange Amendment, unless
    the Secretary and Plum Creek mutually agree to extend the consummation
    date.''.
        (i) The deadline for the Report to Congress required by section
    609(c) of the Interstate 90 Land Exchange Act of 1998 is hereby
    extended. Such Report is due to the Congress 18 months from the date of
    the enactment of this Interstate 90 Land Exchange Amendment.
        ( j) Section 610 of the Interstate 90 Land Exchange Act of 1998, is
    hereby amended by striking ``date of enactment of this Act'' and
    inserting ``first date on which deeds are exchanged to consummate the
    land exchange''.
        Sec. 347. The Snoqualmie National Forest Boundary Adjustment Act of
    1999. (a) In General.--The boundary of the Snoqualmie National Forest is
    hereby adjusted as generally depicted on a map entitled ``Snoqualmie
    National Forest 1999 Boundary Adjustment'' dated June 30, 1999. Such
    map, together with a legal description of all lands included in the
    boundary adjustment, shall be on file and available for public
    inspection in the Office of the Chief of the Forest Service in
    Washington, District of Columbia. Nothing in this subsection shall limit
    the authority of the Secretary of Agriculture to adjust the boundary
    pursuant to section 11 of the Weeks Law of March 1, 1911.
        (b) Rule for Land and Water Conservation Fund.--For the purposes of
    section 7 of the Land and Water Conservation

    [[Page 113 STAT. 1501A-207]]

    Fund Act of 1965 (16 U.S.C. 460l-9), the boundary of the Snoqualmie
    National Forest, as adjusted by subsection (a), shall be considered to
    be the boundary of the Forest as of January 1, 1965.
        Sec. 348. Section 1770(d) of the Food Security Act of 1985 (7 U.S.C.
    2276(d)) is amended by redesignating paragraph (10) as paragraph (11)
    and by inserting after paragraph (9) the following new paragraph:
                ``(10) section 3(e) of the Forest and Rangeland Renewable
            Resources Research Act of 1978 (16 U.S.C. 1642(e));''.

        Sec. 349. None of the funds appropriated or otherwise made available
    by this Act may be used to implement or enforce any provision in
    Presidential Executive Order No. 13123 regarding the Federal Energy
    Management Program which circumvents or contradicts any statutes
    relevant to Federal energy use and the measurement thereof.
        Sec. 350. Investment of Exxon Valdez Oil Spill Court Recovery in
    High Yield Investments and in Marine Research. (1) Notwithstanding any
    other provision of law and subject to the provisions of paragraphs (5)
    and (7), upon the joint motion of the United States and the State of
    Alaska and the issuance of an appropriate order by the United States
    District Court for the District of Alaska, the joint trust funds, or any
    portion thereof, including any interest accrued thereon, previously
    received or to be received by the United States and the State of Alaska
    pursuant to the Agreement and Consent Decree issued in United States v.
    Exxon Corporation, et al. (No. A91-082 CIV) and State of Alaska v. Exxon
    Corporation, et al. (No. A91-083 CIV) (hereafter referred to as the
    ``Consent Decree''), may be deposited in--
                (A) the Natural Resource Damage Assessment and Restoration
            Fund (hereafter referred to as the ``Fund'') established in
            title I of the Department of the Interior and Related Agencies
            Appropriations Act, 1992 (Public Law 102-154; 43 U.S.C. 1474b);
                (B) accounts outside the United States Treasury (hereafter
            referred to as ``outside accounts''); or
                (C) both.

    Any funds deposited in an outside account may be invested only in
    income-producing obligations and other instruments or securities that
    have been determined unanimously by the Federal and State natural
    resource trustees for the Exxon Valdez oil spill (``trustees'') to have
    a high degree of reliability and security.
        (2) Joint trust funds deposited in the Fund or an outside account
    that have been approved unanimously by the Trustees for expenditure by
    or through a State or Federal agency shall be transferred promptly from
    the Fund or the outside account to the State of Alaska or United States
    upon the joint request of the governments.
        (3) The transfer of joint trust funds outside the Court Registry
    shall not affect the supervisory jurisdiction of the district court
    under the Consent Decree or the Memorandum of Agreement and Consent
    Decree in United States v. State of Alaska (No. A91-081-CIV) over all
    expenditures of the joint trust funds.
        (4) Nothing herein shall affect the requirement of section 207 of
    the dire emergency supplemental appropriations and transfers for relief
    from the effects of natural disasters, for other urgent needs, and for
    the incremental cost of ``Operation Desert Shield/

    [[Page 113 STAT. 1501A-208]]

    Desert Storm'' Act of 1992 (Public Law 102-229; 42 U.S.C. 1474b note)
    that amounts received by the United States and designated by the
    trustees for the expenditure by or through a Federal agency must be
    deposited into the Fund.
        (5) All remaining settlement funds are eligible for the investment
    authority granted under this section so long as they are managed and
    allocated consistent with the Resolution of the Trustees adopted March
    1, 1999, concerning the Restoration Reserve, as follows:
                (A) $55 million of the funds remaining on October 1, 2002,
            and the associated earnings thereafter shall be managed and
            allocated for habitat protection programs including small parcel
            habitat acquisitions. Such sums shall be reduced by--
                        (i) the amount of any payments made after the date
                    of enactment of this Act from the Joint Trust Funds
                    pursuant to an agreement between the Trustee Council and
                    Koniag, Inc., which includes those lands which are
                    presently subject to the Koniag Non-Development
                    Easement, including, but not limited to, the
                    continuation or modification of such Easement; and
                        (ii) payments in excess of $6.32 million for any
                    habitat acquisition or protection from the joint trust
                    funds after the date of enactment of this Act and prior
                    to October 1, 2002, other than payments for which the
                    Council is currently obligated through purchase
                    agreements with the Kodiak Island Borough, Afognak Joint
                    Venture and the Eyak Corporation.
                (B) All other funds remaining on October 1, 2002, and the
            associated earnings shall be used to fund a program, consisting
            of--
                        (i) marine research, including applied fisheries
                    research;
                        (ii) monitoring; and
                        (iii) restoration, other than habitat acquisition,
                    which may include community and economic restoration
                    projects and facilities (including projects proposed by
                    the communities of the EVOS Region or the fishing
                    industry), consistent with the Consent Decree.

        (6) The Federal trustees and the State trustees, to the extent
    authorized by State law, are authorized to issue grants as needed to
    implement this program.
        (7) The authority provided in this section shall expire on September
    30, 2002, unless by September 30, 2001, the Trustees have submitted to
    the Congress a report recommending a structure the Trustees believe
    would be most effective and appropriate for the administration and
    expenditure of remaining funds and interest received. Upon the
    expiration of the authorities granted in this section all monies in the
    Fund or outside accounts shall be returned to the Court Registry or
    other account permitted by law.
        Sec. 351. Youth Conservation Corps and Related Partnerships. (a)
    Notwithstanding any other provision of this Act, there shall be
    available for high priority projects which shall be carried out by the
    Youth Conservation Corps as authorized by Public Law 91-378, or related
    partnerships with non-Federal youth conservation corps or entities such
    as the Student Conservation Association, up to $1,000,000 of the funds
    available to the Bureau of Land Management under this Act, in order to
    increase the number of

    [[Page 113 STAT. 1501A-209]]

    summer jobs available for youths, ages 15 through 22, on Federal lands.
        (b) Within 6 months after the date of the enactment of this Act, the
    Secretary of Agriculture and the Secretary of the Interior shall jointly
    submit a report to the House and Senate Committees on Appropriations and
    the Committee on Energy and Natural Resources of the Senate and the
    Committee on Resources of the House of Representatives that includes the
    following--
                (1) the number of youths, ages 15 through 22, employed
            during the summer of 1999, and the number estimated to be
            employed during the summer of 2000, through the Youth
            Conservation Corps, the Public Land Corps, or a related
            partnership with a State, local or nonprofit youth conservation
            corps or other entities such as the Student Conservation
            Association;
                (2) a description of the different types of work
            accomplished by youths during the summer of 1999;
                (3) identification of any problems that prevent or limit the
            use of the Youth Conservation Corps, the Public Land Corps, or
            related partnerships to accomplish projects described in
            subsection (a);
                (4) recommendations to improve the use and effectiveness of
            partnerships described in subsection (a); and
                (5) an analysis of the maintenance backlog that identifies
            the types of projects that the Youth Conservation Corps, the
            Public Land Corps, or related partnerships are qualified to
            complete.

        Sec. 352. (a) North Pacific Research Board.--Section 401 of Public
    Law 105-83 is amended as follows:
                (1) In subsection (c)--
                        (A) by striking ``available for appropriation, to
                    the extent provided in the subsequent appropriations
                    Acts,'' and inserting ``made available'';
                        (B) by inserting ``To the extent provided in the
                    subsequent appropriations Acts,'' at the beginning of
                    paragraph (1);
                        (C) by inserting ``without further appropriation''
                    after ``20 percent of such amounts shall be made
                    available''; and
                (2) by striking subsection (f ).

        Sec. 353. None of the funds in this Act may be used by the Secretary
    of the Interior to issue a prospecting permit for hardrock mineral
    exploration on Mark Twain National Forest land in the Current River/
    Jack's Fork River--Eleven Point Watershed (not including Mark Twain
    National Forest land in Townships 31N and 32N, Range 2 and Range 3 West,
    on which mining activities are taking place as of the date of the
    enactment of this Act): Provided, That none of the funds in this Act may
    be used by the Secretary of the Interior to segregate or withdraw land
    in the Mark Twain National Forest, Missouri under section 204 of the
    Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714).
        Sec. 354. Public Law 105-83, the Department of the Interior and
    Related Agencies Appropriations Act of November 17, 1997, title III,
    section 331 is hereby amended by adding before the period: ``: Provided
    further, That to carryout the provisions of this section,

    [[Page 113 STAT. 1501A-210]]

    the Bureau of Land Management and the Forest Service may establish
    Transfer Appropriation Accounts (also known as allocation accounts) as
    needed''.
        Sec. 355. White River National Forest.--The Forest Service shall
    extend the public comment period on the White River National Forest plan
    revision for 90 days beyond February 9, 2000.
        Sec. 356. The first section of Public Law 99-215 (99 Stat. 1724), as
    amended by section 597 of the Water Resources Development Act of 1999
    (Public Law 106-53), is further amended--
                (1) by redesignating subsection (c) as subsection (e); and
                (2) by inserting after subsection (b) the following new
            subsections:

        ``(c) The National Capital Planning Commission shall vacate and
    terminate an Easement and Declaration of Covenants, dated February 2,
    1989, conveyed by the owner of the adjacent real property pursuant to
    subsection (b)(1)(D) in exchange for, and not later than 30 days after,
    the vacation and termination of the Deed of Easement, dated January 4,
    1989, conveyed by the Maryland National Capital Park and Planning
    Commission pursuant to subsection (b)(1).
        ``(d) Effective on the date of the enactment of this subsection, the
    memorandum of May 7, 1985, and any amendments thereto, shall
    terminate.''.
        Sec. 357. None of the funds in this Act or any other Act shall be
    used by the Secretary of the Interior to promulgate final rules to
    revise 43 CFR subpart 3809, except that the Secretary, following the
    public comment period required by section 3002 of Public Law 106-31, may
    issue final rules to amend 43 C.F.R. Subpart 3809 which are not
    inconsistent with the recommendations contained in the National Research
    Council report entitled ``Hardrock Mining on Federal Lands'' so long as
    these regulations are also not inconsistent with existing statutory
    authorities. Nothing in this section shall be construed to expand the
    existing statutory authority of the Secretary.

          TITLE IV--MISSISSIPPI NATIONAL FOREST IMPROVEMENT ACT OF 1999

    SEC. 401. SHORT TITLE.

        This title may be cited as the ``Mississippi National Forest
    Improvement Act of 1999''.

    SEC. 402. DEFINITIONS.

        In this title:
                (1) Agreement.--The term ``Agreement'' means the Agreement
            described in section 405(a).
                (2) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture.
                (3) State.--The term ``State'' means the State of
            Mississippi.
                (4) University.--The term ``University'' means the
            University of Mississippi.
                (5) University land.--The term ``University land'' means
            land described in section 404(a).

    [[Page 113 STAT. 1501A-211]]

    SEC. 403. CONVEYANCE OF ADMINISTRATIVE SITES AND SMALL PARCELS.

        (a) In General.--The Secretary may, under such terms and conditions
    as the Secretary may prescribe, sell or exchange any or all right,
    title, and interest of the United States in and to the following tracts
    of land in the State:
                (1) Gulfport Laboratory Site, consisting of approximately 10
            acres, as depicted on the map entitled ``Gulfport Laboratory
            Site, May 21, 1998''.
                (2) Raleigh Dwelling Site No. 1, consisting of approximately
            0.44 acre, as depicted on the map entitled ``Raleigh Dwelling
            Site No. 1, May 21, 1998''.
                (3) Raleigh Dwelling Site No. 2, consisting of approximately
            0.47 acre, as depicted on the map entitled ``Raleigh Dwelling
            Site No. 2, May 21, 1998''.
                (4) Rolling Fork Dwelling Site, consisting of approximately
            0.303 acre, as depicted on the map entitled ``Rolling Fork
            Dwelling Site, May 21, 1998''.
                (5) Gloster Dwelling Site, consisting of approximately 0.55
            acre, as depicted on the map entitled ``Gloster Dwelling Site,
            May 21, 1998''.
                (6) Gloster Office Site, consisting of approximately 1.00
            acre, as depicted on the map entitled ``Gloster Office Site, May
            21, 1998''.
                (7) Gloster Work Center Site, consisting of approximately
            2.00 acres, as depicted on the map entitled ``Gloster Work
            Center Site, May 21, 1998''.
                (8) Holly Springs Dwelling Site, consisting of approximately
            0.31 acre, as depicted on the map entitled ``Holly Springs
            Dwelling Site, May 21, 1998''.
                (9) Isolated parcels of National Forest land located in
            Township 5 South, Ranges 12 and 13 West, and in Township 3
            North, Range 12 West, sections 23, 33, and 34, St. Stephens
            Meridian.
                (10) Isolated parcels of National Forest land acquired after
            the date of the enactment of this Act from the University of
            Mississippi located in George and Jackson Counties.
                (11) Approximately 20 acres of National Forest land and
            structures located in Township 6 North, Range 3 East, Section
            30, Washington Meridian.

        (b) Consideration.--Consideration for a sale or exchange of land
    under subsection (a) may include the acquisition of land, existing
    improvements, or improvements constructed to the specifications of the
    Secretary.
        (c) Applicable Law.--Except as otherwise provided in this section,
    any sale or exchange of land under subsection (a) shall be subject to
    the laws (including regulations) applicable to the conveyance and
    acquisition of land for the National Forest System.
        (d) Cash Equalization.--Notwithstanding any other provision of law,
    the Secretary may accept a cash equalization payment in excess of 25
    percent of the value of land exchanged under subsection (a).
        (e) Solicitation of Offers.--
                (1) In general.--The Secretary may solicit offers for the
            sale or exchange of land under this section on such terms and
            conditions as the Secretary may prescribe.

    [[Page 113 STAT. 1501A-212]]

                (2) Rejection of offers.--The Secretary may reject any offer
            made under this section if the Secretary determines that the
            offer is not adequate or not in the public interest.

        (f ) Deposit of Proceeds.--The Secretary shall deposit the proceeds
    of a sale or exchange under subsection (a) in the fund established under
    Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk Act'').
        (g) Use of Proceeds.--Funds deposited under subsection (f ) shall be
    available until expended for--
                (1) the construction of a research laboratory and office
            facility at the Forest Service administrative site located at
            the Mississippi State University at Starkville, Mississippi;
                (2) the acquisition, construction, or improvement of
            administrative facilities in connection with units of the
            National Forest System in the State; and
                (3) the acquisition of land and interests in land for units
            of the National Forest System in the State.

    SEC. 404. DE SOTO NATIONAL FOREST ADDITION.

        (a) Acquisition.--The Secretary may acquire for fair market value
    all right, title, and interest in land owned by the University of
    Mississippi within or near the boundaries of the De Soto National Forest
    in Stone, George, and Jackson Counties, Mississippi, comprising
    approximately 22,700 acres.
        (b) Boundaries.--
                (1) In general.--The boundaries of the De Soto National
            Forest shall be modified as depicted on the map entitled ``De
            Soto National Forest Boundary Modification--April, 1999'' to
            include any acquisition of University land under this section.
                (2) Availability of map.--The map described in paragraph (1)
            shall be available for public inspection in the office of the
            Chief of the Forest Service in Washington, District of Columbia.
                (3) Allocation of moneys for federal purposes.--For the
            purpose of section 7 of the Land and Water Conservation Fund Act
            of 1965 (16 U.S.C. 460l-9), the boundaries of the De Soto
            National Forest, as modified by this subsection, shall be
            considered the boundaries of the De Soto National Forest as of
            January 1, 1965.

        (c) Management.--
                (1) In general.--The Secretary shall assume possession and
            all management responsibilities for University land acquired
            under this section on the date of acquisition.
                (2) Cooperative management agreement.--For the fiscal year
            containing the date of the enactment of this Act and each of the
            four fiscal years thereafter, the Secretary may enter into a
            cooperative agreement with the University that provides for
            Forest Service management of any University land acquired, or
            planned to be acquired, under this section.
                (3) Administration.--University land acquired under this
            section shall be--
                        (A) subject to the Act of March 1, 1911 (16 U.S.C.
                    480 et seq.) (commonly known as the ``Weeks Act'') and
                    other laws (including regulations) pertaining to the
                    National Forest System; and
                        (B) managed in a manner that is consistent with the
                    land and resource management plan applicable to the De

    [[Page 113 STAT. 1501A-213]]

                    Soto National Forest on the date of the enactment of
                    this Act, until the plan is revised in accordance with
                    the regularly scheduled process for revision.

    SEC. 405. FRANKLIN COUNTY LAND.

        (a) In General.--The Agreement dated April 24, 1999, entered into
    between the Secretary, the State, and the Franklin County School Board
    that provides for the Federal acquisition of land owned by the State for
    the construction of the Franklin Lake Dam in Franklin County,
    Mississippi, is ratified and the parties to the Agreement are authorized
    to implement the terms of the Agreement.
        (b) Federal Grant.--
                (1) In general.--Subject to reservations and exceptions
            contained in the Agreement, there is granted and quit claimed to
            the State all right, title, and interest of the United States in
            the federally-owned land described in Exhibit A to the
            Agreement.
                (2) Management.--The land granted to the State under the
            Agreement shall be managed as school land grants.

        (c) Acquisition of State Land.--
                (1) In general.--All right, title, and interest in and to
            the 655.94 acres of land described as Exhibit B to the Agreement
            is vested in the United States along with the right of immediate
            possession by the Secretary.
                (2) Compensation.--Compensation owed to the State and the
            Franklin County School Board for the land described in paragraph
            (1) shall be provided in accordance with the Agreement.

        (d) Correction of Descriptions.--The Secretary and the Secretary of
    State of the State may, by joint modification of the Agreement, make
    minor corrections to the descriptions of the land described on Exhibits
    A and B to the Agreement.
        (e) Security Interest.--
                (1) In general.--Any cash equalization indebtedness owed to
            the United States pursuant to the Agreement shall be secured
            only by the timber on the granted land described in Exhibit A of
            the Agreement.
                (2) Loss of security.--The United States shall have no
            recourse against the State or the Franklin County School Board
            as the result of the loss of the security described in paragraph
            (1) due to fire, insects, natural disaster, or other
            circumstance beyond the control of the State or Board.
                (3) Release of liens.--On payment of cash equalization as
            required by the Agreement, the Secretary (or the Supervisor of
            the National Forests in the State or other authorized
            representative of the Secretary) shall release any liens on the
            granted land described in Exhibit A of the Agreement.

    SEC. 406. DISPOSITION OF FUNDS FROM LAND CONVEYANCES.

        (a) In General.--The Secretary shall deposit any funds received by
    the United States from land conveyances authorized under section 405 in
    the fund established under Public Law 90-171 (16 U.S.C. 484a) (commonly
    known as the ``Sisk Act'').
        (b) Use.--Funds deposited in the fund under subsection (a) shall be
    available until expended for the acquisition of land and interests in
    land for the National Forest System in the State.

    [[Page 113 STAT. 1501A-214]]

        (c) Partial Distribution.--Any funds received by the United States
    from land conveyances authorized under this Act shall not be subject to
    partial distribution to the State under--
                (1) the Act entitled ``An Act making appropriations for the
            Department of Agriculture for the fiscal year ending June
            thirtieth, nineteen hundred and nine'', approved May 23, 1908
            (35 Stat. 260, chapter 192; 16 U.S.C. 500);
                (2) section 13 of the Act of March 1, 1911 (36 Stat. 963,
            chapter 186; 16 U.S.C. 500); or
                (3) any other law.

    SEC. 407. PHOTOGRAPHIC REPRODUCTIONS AND MAPS.

        Section 387 of the Act of February 16, 1938 (7 U.S.C. 1387) is
    amended in the first sentence--
                (1) by striking ``such'' the first place it appears and
            inserting ``information such as geo-referenced data from all
            sources,'';
                (2) by striking ``(not less than estimated cost of
            furnishing such reproductions)''; and
                (3) by inserting after ``determine'' the following: ``(but
            not less than the estimated costs of data processing, updating,
            revising, reformatting, repackaging and furnishing the
            reproductions and information)''.

    SEC. 408. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated such sums as are necessary
    to carry out this title.

          TITLE V--UNITED MINE WORKERS OF AMERICA COMBINED BENEFIT FUND

        Sec. 501. Notwithstanding any other provision of law, an amount of
    $68,000,000 in interest credited to the fund established by section 401
    of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
    1231) for fiscal years 1993 through 1995 not transferred to the Combined
    Fund identified in section 402(h)(2) of such Act shall be transferred to
    such Combined Fund within 30 days after the enactment of this Act to pay
    the amount of any shortfall in any premium account for any plan year
    under the Combined Fund. The entire amount transferred by this section
    is designated by the Congress as an emergency requirement pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

             TITLE VI--PRIORITY LAND ACQUISITIONS AND LAND EXCHANGES

        Sec. 601. For priority land acquisitions, land exchange agreements,
    and other activities consistent with the Land and Water Conservation
    Fund Act of 1965, as amended, $197,500,000, to be derived from the Land
    and Water Conservation Fund and to remain available until September 30,
    2003, of which $81,000,000 is available to the Secretary of Agriculture
    and $116,500,000 is available to the Secretary of the Interior:
    Provided, That of the funds made available to the Secretary of
    Agriculture, not to exceed $61,000,000 may be used to acquire interests
    to protect and preserve the Baca Ranch, subject to the same terms and
    conditions placed on other funds provided for this purpose in this Act
    under the heading

    [[Page 113 STAT. 1501A-215]]

    ``Forest Service, Land Acquisition'', and $5,000,000 shall be available
    for the Forest Legacy program notwithstanding any other provision of
    law: Provided further, That of the funds made available to the Secretary
    of the Interior, $10,000,000 shall be available for Elwha River
    ecosystem restoration, and $5,000,000 shall be available for maintenance
    in the National Park Service, notwithstanding any other provision of
    law, $20,000,000 shall be available for the State assistance program,
    not to exceed $5,000,000 may be used to acquire interests to protect and
    preserve the California desert, not to exceed $2,000,000 may be used to
    acquire interests to protect and preserve the Rhode Island National
    Wildlife Refuge Complex, not to exceed $19,500,000 may be used to
    acquire mineral rights within the Grand Staircase-Escalante National
    Monument, and not to exceed $35,000,000 may be for State grants for land
    acquisition in the State of Florida, subject to the same terms and
    conditions placed on other funds provided for this purpose in this Act
    under the heading ``National Park Service, Land Acquisition and State
    Assistance'': Provided further, That none of the funds appropriated
    under this title for purposes other than for State grants for land
    acquisition in the State of Florida, the State assistance program, Elwha
    River ecosystem restoration, or acquisitions of interests in the Baca
    Ranch, the California desert, the Grand Staircase-Escalante National
    Monument, and the Rhode Island National Wildlife Refuge Complex shall be
    available until the House Committee on Appropriations and the Senate
    Committee on Appropriations approve, in writing, a list of projects to
    be undertaken with such funds.
        This Act may be cited as the ``Department of the Interior and
    Related Agencies Appropriations Act, 2000''.

    [[Page 113 STAT. 1501A-217]]

                              APPENDIX D--H.R. 3424

    That the following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the Departments of Labor,
    Health and Human Services, and Education, and related agencies for the
    fiscal year ending September 30, 2000, and for other purposes, namely:

                          TITLE I--DEPARTMENT OF LABOR

                     Employment and Training Administration

                        training and employment services

        For necessary expenses of the Workforce Investment Act, including
    the purchase and hire of passenger motor vehicles, the construction,
    alteration, and repair of buildings and other facilities, and the
    purchase of real property for training centers as authorized by the
    Workforce Investment Act; the Stewart B. McKinney Homeless Assistance
    Act; the Women in Apprenticeship and Nontraditional Occupations Act; the
    National Skill Standards Act of 1994; and the School-to-Work
    Opportunities Act; $3,002,618,000 plus reimbursements, of which
    $1,650,153,000 is available for obligation for the period July 1, 2000
    through June 30, 2001; of which $1,250,965,000 is available for
    obligation for the period April 1, 2000 through June 30, 2001; of which
    $35,500,000 is available for the period July 1, 2000 through June 30,
    2003 including $34,000,000 for necessary expenses of construction,
    rehabilitation, and acquisition of Job Corps centers, and $1,500,000
    under authority of section 171(d) of the Workforce Investment Act for
    use by the Organizing Committee for the 2001 Special Olympics World
    Winter Games in Alaska to promote employment opportunities for
    individuals with disabilities and other staffing needs; and of which
    $55,000,000 shall be available from July 1, 2000 through September 30,
    2001, for carrying out activities of the School-to-Work Opportunities
    Act: Provided, That $58,800,000 shall be for carrying out section 166 of
    the Workforce Investment Act, including $5,000,000 for carrying out
    section 166( j)(1) of the Workforce Investment Act, including the
    provision of assistance to American Samoans who reside in Hawaii for the
    co-location of federally funded and State-funded workforce investment
    activities, and $7,000,000 shall be for carrying out the National Skills
    Standards Act of 1994: Provided further, That no funds from any other
    appropriation shall be used to provide meal services at or for Job Corps
    centers: Provided further, That funds provided to carry out section
    171(d) of such Act may be used for demonstration projects that provide
    assistance to new entrants in the workforce and incumbent workers:
    Provided further, That funding provided to carry out projects under

    [[Page 113 STAT. 1501A-218]]

    section 171 of the Workforce Investment Act of 1998 that are identified
    in the Conference Agreement, shall not be subject to the requirements of
    section 171(b)(2)(B) of such Act, the requirements of section
    171(c)(4)(D) of such Act, or the joint funding requirements of sections
    171(b)(2)(A) and 171(c)(4)(A) of such Act: Provided further, That
    funding appropriated herein for Dislocated Worker Employment and
    Training Activities under section 132(a)(2)(A) of the Workforce
    Investment Act of 1998 may be distributed for Dislocated Worker Projects
    under section 171(d) of the Act without regard to the 10 percent
    limitation contained in section 171(d) of the Act.
        For necessary expenses of the Workforce Investment Act, including
    the purchase and hire of passenger motor vehicles, the construction,
    alteration, and repair of buildings and other facilities, and the
    purchase of real property for training centers as authorized by the
    Workforce Investment Act; $2,463,000,000 plus reimbursements, of which
    $2,363,000,000 is available for obligation for the period October 1,
    2000 through June 30, 2001; and of which $100,000,000 is available for
    the period October 1, 2000 through June 30, 2003, for necessary expenses
    of construction, rehabilitation, and acquisition of Job Corps centers.

                community service employment for older americans

        To carry out the activities for national grants or contracts with
    public agencies and public or private nonprofit organizations under
    paragraph (1)(A) of section 506(a) of title V of the Older Americans Act
    of 1965, as amended, or to carry out older worker activities as
    subsequently authorized, $343,356,000.
        To carry out the activities for grants to States under paragraph (3)
    of section 506(a) of title V of the Older Americans Act of 1965, as
    amended, or to carry out older worker activities as subsequently
    authorized, $96,844,000.

                  federal unemployment benefits and allowances

        For payments during the current fiscal year of trade adjustment
    benefit payments and allowances under part I; and for training,
    allowances for job search and relocation, and related State
    administrative expenses under part II, subchapters B and D, chapter 2,
    title II of the Trade Act of 1974, as amended, $415,150,000, together
    with such amounts as may be necessary to be charged to the subsequent
    appropriation for payments for any period subsequent to September 15 of
    the current year.

         state unemployment insurance and employment service operations

        For authorized administrative expenses, $163,452,000, together with
    not to exceed $3,090,288,000 (including not to exceed $1,228,000 which
    may be used for amortization payments to States which had independent
    retirement plans in their State employment service agencies prior to
    1980), which may be expended from the Employment Security Administration
    account in the Unemployment Trust Fund including the cost of
    administering section 1201 of the Small Business Job Protection Act of
    1996, section 7(d) of the Wagner-Peyser Act, as amended, the Trade Act
    of 1974, as amended, the Immigration Act of 1990, and the Immigration
    and

    [[Page 113 STAT. 1501A-219]]

    Nationality Act, as amended, and of which the sums available in the
    allocation for activities authorized by title III of the Social Security
    Act, as amended (42 U.S.C. 502-504), and the sums available in the
    allocation for necessary administrative expenses for carrying out 5
    U.S.C. 8501-8523, shall be available for obligation by the States
    through December 31, 2000, except that funds used for automation
    acquisitions shall be available for obligation by the States through
    September 30, 2002; and of which $163,452,000, together with not to
    exceed $738,283,000 of the amount which may be expended from said trust
    fund, shall be available for obligation for the period July 1, 2000
    through June 30, 2001, to fund activities under the Act of June 6, 1933,
    as amended, including the cost of penalty mail authorized under 39
    U.S.C. 3202(a)(1)(E) made available to States in lieu of allotments for
    such purpose, and of which $125,000,000 shall be available only to the
    extent necessary for additional State allocations to administer
    unemployment compensation laws to finance increases in the number of
    unemployment insurance claims filed and claims paid or changes in a
    State law: Provided, That to the extent that the Average Weekly Insured
    Unemployment (AWIU) for fiscal year 2000 is projected by the Department
    of Labor to exceed 2,638,000, an additional $28,600,000 shall be
    available for obligation for every 100,000 increase in the AWIU level
    (including a pro rata amount for any increment less than 100,000) from
    the Employment Security Administration Account of the Unemployment Trust
    Fund: Provided further, That funds appropriated in this Act which are
    used to establish a national one-stop career center network may be
    obligated in contracts, grants or agreements with non-State entities:
    Provided further, That funds appropriated under this Act for activities
    authorized under the Wagner-Peyser Act, as amended, and title III of the
    Social Security Act, may be used by the States to fund integrated
    Employment Service and Unemployment Insurance automation efforts,
    notwithstanding cost allocation principles prescribed under Office of
    Management and Budget Circular A-87.

             advances to the unemployment trust fund and other funds

        For repayable advances to the Unemployment Trust Fund as authorized
    by sections 905(d) and 1203 of the Social Security Act, as amended, and
    to the Black Lung Disability Trust Fund as authorized by section
    9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for
    nonrepayable advances to the Unemployment Trust Fund as authorized by
    section 8509 of title 5, United States Code, and to the ``Federal
    unemployment benefits and allowances'' account, to remain available
    until September 30, 2001, $356,000,000.
        In addition, for making repayable advances to the Black Lung
    Disability Trust Fund in the current fiscal year after September 15,
    2000, for costs incurred by the Black Lung Disability Trust Fund in the
    current fiscal year, such sums as may be necessary.

                             program administration

        For expenses of administering employment and training programs,
    $100,944,000, including $6,431,000 to support up to 75 full-time
    equivalent staff, the majority of which will be term Federal
    appointments lasting no more than 1 year, to administer welfare-to-work
    grants, together with not to exceed $45,056,000, which

    [[Page 113 STAT. 1501A-220]]

    may be expended from the Employment Security Administration account in
    the Unemployment Trust Fund.

                   Pension and Welfare Benefits Administration

                              salaries and expenses

        For necessary expenses for the Pension and Welfare Benefits
    Administration, $99,000,000.

                      Pension Benefit Guaranty Corporation

                    pension benefit guaranty corporation fund

        The Pension Benefit Guaranty Corporation is authorized to make such
    expenditures, including financial assistance authorized by section 104
    of Public Law 96-364, within limits of funds and borrowing authority
    available to such Corporation, and in accord with law, and to make such
    contracts and commitments without regard to fiscal year limitations as
    provided by section 104 of the Government Corporation Control Act, as
    amended (31 U.S.C. 9104), as may be necessary in carrying out the
    program through September 30, 2000, for such Corporation: Provided, That
    not to exceed $11,155,000 shall be available for administrative expenses
    of the Corporation: Provided further, That expenses of such Corporation
    in connection with the termination of pension plans, for the
    acquisition, protection or management, and investment of trust assets,
    and for benefits administration services shall be considered as non-
    administrative expenses for the purposes hereof, and excluded from the
    above limitation.

                       Employment Standards Administration

                              salaries and expenses

        For necessary expenses for the Employment Standards Administration,
    including reimbursement to State, Federal, and local agencies and their
    employees for inspection services rendered, $337,260,000, together with
    $1,740,000 which may be expended from the Special Fund in accordance
    with sections 39(c), 44(d) and 44( j) of the Longshore and Harbor
    Workers' Compensation Act: Provided, That $2,000,000 shall be for the
    development of an alternative system for the electronic submission of
    reports as required to be filed under the Labor-Management Reporting and
    Disclosure Act of 1959, as amended, and for a computer database of the
    information for each submission by whatever means, that is indexed and
    easily searchable by the public via the Internet: Provided further, That
    the Secretary of Labor is authorized to accept, retain, and spend, until
    expended, in the name of the Department of Labor, all sums of money
    ordered to be paid to the Secretary of Labor, in accordance with the
    terms of the Consent Judgment in Civil Action No. 91-0027 of the United
    States District Court for the District of the Northern Mariana Islands
    (May 21, 1992): Provided further, That the Secretary of Labor is
    authorized to establish and, in accordance with 31 U.S.C. 3302, collect
    and deposit in the Treasury fees for processing applications and issuing
    certificates under sections 11(d) and 14 of the Fair Labor Standards Act
    of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing
    applications and issuing registrations under title I of the

    [[Page 113 STAT. 1501A-221]]

    Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801
    et seq.).

                                special benefits

                          (including transfer of funds)

        For the payment of compensation, benefits, and expenses (except
    administrative expenses) accruing during the current or any prior fiscal
    year authorized by title 5, chapter 81 of the United States Code;
    continuation of benefits as provided for under the heading ``Civilian
    War Benefits'' in the Federal Security Agency Appropriation Act, 1947;
    the Employees' Compensation Commission Appropriation Act, 1944; sections
    4(c) and 5(f ) of the War Claims Act of 1948 (50 U.S.C. App. 2012); and
    50 percent of the additional compensation and benefits required by
    section 10(h) of the Longshore and Harbor Workers' Compensation Act, as
    amended, $79,000,000 together with such amounts as may be necessary to
    be charged to the subsequent year appropriation for the payment of
    compensation and other benefits for any period subsequent to August 15
    of the current year: Provided, That amounts appropriated may be used
    under section 8104 of title 5, United States Code, by the Secretary of
    Labor to reimburse an employer, who is not the employer at the time of
    injury, for portions of the salary of a reemployed, disabled
    beneficiary: Provided further, That balances of reimbursements
    unobligated on September 30, 1999, shall remain available until expended
    for the payment of compensation, benefits, and expenses: Provided
    further, That in addition there shall be transferred to this
    appropriation from the Postal Service and from any other corporation or
    instrumentality required under section 8147(c) of title 5, United States
    Code, to pay an amount for its fair share of the cost of administration,
    such sums as the Secretary determines to be the cost of administration
    for employees of such fair share entities through September 30, 2000:
    Provided further, That of those funds transferred to this account from
    the fair share entities to pay the cost of administration, $21,849,000
    shall be made available to the Secretary as follows: (1) for the
    operation of and enhancement to the automated data processing systems,
    including document imaging and medical bill review, in support of
    Federal Employees' Compensation Act administration, $13,433,000; (2) for
    program staff training to operate the new imaging system, $1,300,000;
    (3) for the periodic roll review program, $7,116,000; and (4) the
    remaining funds shall be paid into the Treasury as miscellaneous
    receipts: Provided further, That the Secretary may require that any
    person filing a notice of injury or a claim for benefits under chapter
    81 of title 5, United States Code, or 33 U.S.C. 901 et seq., provide as
    part of such notice and claim, such identifying information (including
    Social Security account number) as such regulations may prescribe.

                        black lung disability trust fund

                          (including transfer of funds)

        For payments from the Black Lung Disability Trust Fund,
    $1,013,633,000, of which $963,506,000 shall be available until September
    30, 2001, for payment of all benefits as authorized by section
    9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of 1954, as
    amended, and interest on advances as authorized by

    [[Page 113 STAT. 1501A-222]]

    section 9501(c)(2) of that Act, and of which $28,676,000 shall be
    available for transfer to Employment Standards Administration, Salaries
    and Expenses, $20,783,000 for transfer to Departmental Management,
    Salaries and Expenses, $312,000 for transfer to Departmental Management,
    Office of Inspector General, and $356,000 for payment into miscellaneous
    receipts for the expenses of the Department of Treasury, for expenses of
    operation and administration of the Black Lung Benefits program as
    authorized by section 9501(d)(5) of that Act: Provided, That, in
    addition, such amounts as may be necessary may be charged to the
    subsequent year appropriation for the payment of compensation, interest,
    or other benefits for any period subsequent to August 15 of the current
    year.

                  Occupational Safety and Health Administration

                              salaries and expenses

        For necessary expenses for the Occupational Safety and Health
    Administration, $382,000,000, including not to exceed $82,000,000 which
    shall be the maximum amount available for grants to States under section
    23(g) of the Occupational Safety and Health Act, which grants shall be
    no less than 50 percent of the costs of State occupational safety and
    health programs required to be incurred under plans approved by the
    Secretary under section 18 of the Occupational Safety and Health Act of
    1970; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational
    Safety and Health Administration may retain up to $750,000 per fiscal
    year of training institute course tuition fees, otherwise authorized by
    law to be collected, and may utilize such sums for occupational safety
    and health training and education grants: Provided, That,
    notwithstanding 31 U.S.C. 3302, the Secretary of Labor is authorized,
    during the fiscal year ending September 30, 2000, to collect and retain
    fees for services provided to Nationally Recognized Testing
    Laboratories, and may utilize such sums, in accordance with the
    provisions of 29 U.S.C. 9a, to administer national and international
    laboratory recognition programs that ensure the safety of equipment and
    products used by workers in the workplace: Provided further, That none
    of the funds appropriated under this paragraph shall be obligated or
    expended to prescribe, issue, administer, or enforce any standard, rule,
    regulation, or order under the Occupational Safety and Health Act of
    1970 which is applicable to any person who is engaged in a farming
    operation which does not maintain a temporary labor camp and employs 10
    or fewer employees: Provided further, That no funds appropriated under
    this paragraph shall be obligated or expended to administer or enforce
    any standard, rule, regulation, or order under the Occupational Safety
    and Health Act of 1970 with respect to any employer of 10 or fewer
    employees who is included within a category having an occupational
    injury lost workday case rate, at the most precise Standard Industrial
    Classification Code for which such data are published, less than the
    national average rate as such rates are most recently published by the
    Secretary, acting through the Bureau of Labor Statistics, in accordance
    with section 24 of that Act (29 U.S.C. 673), except--
                (1) to provide, as authorized by such Act, consultation,
            technical assistance, educational and training services, and to
            conduct surveys and studies;

    [[Page 113 STAT. 1501A-223]]

                (2) to conduct an inspection or investigation in response to
            an employee complaint, to issue a citation for violations found
            during such inspection, and to assess a penalty for violations
            which are not corrected within a reasonable abatement period and
            for any willful violations found;
                (3) to take any action authorized by such Act with respect
            to imminent dangers;
                (4) to take any action authorized by such Act with respect
            to health hazards;
                (5) to take any action authorized by such Act with respect
            to a report of an employment accident which is fatal to one or
            more employees or which results in hospitalization of two or
            more employees, and to take any action pursuant to such
            investigation authorized by such Act; and
                (6) to take any action authorized by such Act with respect
            to complaints of discrimination against employees for exercising
            rights under such Act:

    Provided further, That the foregoing proviso shall not apply to any
    person who is engaged in a farming operation which does not maintain a
    temporary labor camp and employs 10 or fewer employees.

                      Mine Safety and Health Administration

                              salaries and expenses

        For necessary expenses for the Mine Safety and Health
    Administration, $228,373,000, including purchase and bestowal of
    certificates and trophies in connection with mine rescue and first-aid
    work, and the hire of passenger motor vehicles; including not to exceed
    $750,000 may be collected by the National Mine Health and Safety Academy
    for room, board, tuition, and the sale of training materials, otherwise
    authorized by law to be collected, to be available for mine safety and
    health education and training activities, notwithstanding 31 U.S.C.
    3302; the Secretary is authorized to accept lands, buildings, equipment,
    and other contributions from public and private sources and to prosecute
    projects in cooperation with other agencies, Federal, State, or private;
    the Mine Safety and Health Administration is authorized to promote
    health and safety education and training in the mining community through
    cooperative programs with States, industry, and safety associations; and
    any funds available to the department may be used, with the approval of
    the Secretary, to provide for the costs of mine rescue and survival
    operations in the event of a major disaster.

                           Bureau of Labor Statistics

                              salaries and expenses

        For necessary expenses for the Bureau of Labor Statistics, including
    advances or reimbursements to State, Federal, and local agencies and
    their employees for services rendered, $357,781,000, of which $6,986,000
    shall be for expenses of revising the Consumer Price Index and shall
    remain available until September 30, 2001, together with not to exceed
    $55,663,000, which may be expended from the Employment Security
    Administration account in the Unemployment Trust Fund.

    [[Page 113 STAT. 1501A-224]]

                             Departmental Management

                              salaries and expenses

        For necessary expenses for Departmental Management, including the
    hire of three sedans, and including up to $7,250,000 for the President's
    Committee on Employment of People With Disabilities, and including the
    management or operation of Departmental bilateral and multilateral
    foreign technical assistance, $241,478,000; together with not to exceed
    $310,000, which may be expended from the Employment Security
    Administration account in the Unemployment Trust Fund: Provided, That no
    funds made available by this Act may be used by the Solicitor of Labor
    to participate in a review in any United States court of appeals of any
    decision made by the Benefits Review Board under section 21 of the
    Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921) where
    such participation is precluded by the decision of the United States
    Supreme Court in Director, Office of Workers' Compensation Programs v.
    Newport News Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any
    provisions to the contrary contained in Rule 15 of the Federal Rules of
    Appellate Procedure: Provided further, That no funds made available by
    this Act may be used by the Secretary of Labor to review a decision
    under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901
    et seq.) that has been appealed and that has been pending before the
    Benefits Review Board for more than 12 months: Provided further, That
    any such decision pending a review by the Benefits Review Board for more
    than 1 year shall be considered affirmed by the Benefits Review Board on
    the 1-year anniversary of the filing of the appeal, and shall be
    considered the final order of the Board for purposes of obtaining a
    review in the United States courts of appeals: Provided further, That
    these provisions shall not be applicable to the review or appeal of any
    decision issued under the Black Lung Benefits Act (30 U.S.C. 901 et
    seq.).

            assistant secretary for veterans employment and training

        Not to exceed $184,341,000 may be derived from the Employment
    Security Administration account in the Unemployment Trust Fund to carry
    out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214, and 4321-4327,
    and Public Law 103-353, and which shall be available for obligation by
    the States through December 31, 2000.

                           office of inspector general

        For salaries and expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $48,095,000, together with not to exceed $3,830,000, which may
    be expended from the Employment Security Administration account in the
    Unemployment Trust Fund.

                               GENERAL PROVISIONS

        Sec. 101. None of the funds appropriated in this title for the Job
    Corps shall be used to pay the compensation of an individual, either as
    direct costs or any proration as an indirect cost, at a rate in excess
    of Executive Level II.

    [[Page 113 STAT. 1501A-225]]

                               (transfer of funds)

        Sec. 102. Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985, as amended) which are appropriated for the current fiscal year for
    the Department of Labor in this Act may be transferred between
    appropriations, but no such appropriation shall be increased by more
    than 3 percent by any such transfer: Provided, That the Appropriations
    Committees of both Houses of Congress are notified at least 15 days in
    advance of any transfer.
        Sec. 103. The Secretary of Labor shall transfer, without charge or
    consideration, to the City of Salinas in the State of California, all
    right, title, and interest (including any equitable interest) the United
    States holds in the real property located at 342 Front Street, Salinas,
    California (Reference No. SSL-493), to the extent such right, such
    title, or such interest was acquired as a result of any loan, grant,
    guarantee, or other benefit provided by the Secretary to or for the
    benefit of such city.
        This title may be cited as the ``Department of Labor Appropriations
    Act, 2000''.

                TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

                  Health Resources and Services Administration

                          health resources and services

        For carrying out titles II, III, VII, VIII, X, XII, XIX, and XXVI of
    the Public Health Service Act, section 427(a) of the Federal Coal Mine
    Health and Safety Act, title V and section 1820 of the Social Security
    Act, the Health Care Quality Improvement Act of 1986, as amended, and
    the Native Hawaiian Health Care Act of 1988, as amended, $4,584,721,000,
    of which $150,000 shall remain available until expended for interest
    subsidies on loan guarantees made prior to fiscal year 1981 under part B
    of title VII of the Public Health Service Act, and of which $122,182,000
    shall be available for the construction and renovation of health care
    and other facilities, and of which $25,000,000 from general revenues,
    notwithstanding section 1820( j) of the Social Security Act, shall be
    available for carrying out the Medicare rural hospital flexibility
    grants program under section 1820 of such Act: Provided, That the
    Division of Federal Occupational Health may utilize personal services
    contracting to employ professional management/administrative and
    occupational health professionals: Provided further, That of the funds
    made available under this heading, $250,000 shall be available until
    expended for facilities renovations at the Gillis W. Long Hansen's
    Disease Center: Provided further, That in addition to fees authorized by
    section 427(b) of the Health Care Quality Improvement Act of 1986, fees
    shall be collected for the full disclosure of information under the Act
    sufficient to recover the full costs of operating the National
    Practitioner Data Bank, and shall remain available until expended to
    carry out that Act: Provided further, That no more than $5,000,000 is
    available for carrying out the provisions of Public Law 104-73: Provided
    further, That of the funds made available under this heading,
    $238,932,000 shall be for the program under title X of the Public Health
    Service Act to provide for voluntary family planning projects: Provided

    [[Page 113 STAT. 1501A-226]]

    further, That amounts provided to said projects under such title shall
    not be expended for abortions, that all pregnancy counseling shall be
    nondirective, and that such amounts shall not be expended for any
    activity (including the publication or distribution of literature) that
    in any way tends to promote public support or opposition to any
    legislative proposal or candidate for public office: Provided further,
    That $528,000,000 shall be for State AIDS Drug Assistance Programs
    authorized by section 2616 of the Public Health Service Act: Provided
    further, That, notwithstanding section 502(a)(1) of the Social Security
    Act, not to exceed $109,307,000 is available for carrying out special
    projects of regional and national significance pursuant to section
    501(a)(2) of such Act: Provided further, That of the amount provided
    under this heading, $40,000,000 shall be available for children's
    hospitals graduate medical education payments, subject to authorization:
    Provided further, That of the amount provided under this heading,
    $900,000 shall be for the American Federation of Negro Affairs Education
    and Research Fund.

                   medical facilities guarantee and loan fund

                federal interest subsidies for medical facilities

        For carrying out subsections (d) and (e) of section 1602 of the
    Public Health Service Act, $1,000,000, together with any amounts
    received by the Secretary in connection with loans and loan guarantees
    under title VI of the Public Health Service Act, to be available without
    fiscal year limitation for the payment of interest subsidies. During the
    fiscal year, no commitments for direct loans or loan guarantees shall be
    made.

                    health education assistance loans program

        Such sums as may be necessary to carry out the purpose of the
    program, as authorized by title VII of the Public Health Service Act, as
    amended. For administrative expenses to carry out the guaranteed loan
    program, including section 709 of the Public Health Service Act,
    $3,688,000.

                 vaccine injury compensation program trust fund

        For payments from the Vaccine Injury Compensation Program Trust
    Fund, such sums as may be necessary for claims associated with vaccine-
    related injury or death with respect to vaccines administered after
    September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
    Health Service Act, to remain available until expended: Provided, That
    for necessary administrative expenses, not to exceed $3,000,000 shall be
    available from the Trust Fund to the Secretary of Health and Human
    Services.

                   Centers for Disease Control and Prevention

                     disease control, research, and training

        To carry out titles II, III, VII, XI, XV, XVII, XIX and XXVI of the
    Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 301,
    and 501 of the Federal Mine Safety and Health Act of 1977, sections 20,
    21, and 22 of the Occupational Safety and Health Act of 1970, title IV
    of the Immigration and Nationality

    [[Page 113 STAT. 1501A-227]]

    Act and section 501 of the Refugee Education Assistance Act of 1980;
    including insurance of official motor vehicles in foreign countries; and
    hire, maintenance, and operation of aircraft, $2,910,761,000 of which
    $60,000,000 shall remain available until expended for equipment and
    construction and renovation of facilities, and in addition, such sums as
    may be derived from authorized user fees, which shall be credited to
    this account: Provided, That in addition to amounts provided herein, up
    to $71,690,000 shall be available from amounts available under section
    241 of the Public Health Service Act, to carry out the National Center
    for Health Statistics surveys: Provided further, That none of the funds
    made available for injury prevention and control at the Centers for
    Disease Control and Prevention may be used to advocate or promote gun
    control: Provided further, That the Director may redirect the total
    amount made available under authority of Public Law 101-502, section 3,
    dated November 3, 1990, to activities the Director may so designate:
    Provided further, That the Congress is to be notified promptly of any
    such transfer: Provided further, That notwithstanding any other
    provision of law, a single contract or related contracts for the
    development and construction of the infectious disease laboratory
    through the General Services Administration may be employed which
    collectively include the full scope of the project: Provided further,
    That the solicitation and contract shall contain the clause
    ``availability of funds'' found at 48 CFR 52.232-18: Provided further,
    That not to exceed $10,000,000 may be available for making grants under
    section 1509 of the Public Health Service Act to not more than 10
    States: Provided further, That of the amount provided under this
    heading, $3,000,000 shall be for the Center for Environmental Medicine
    and Toxicology at the University of Mississippi Medical Center at
    Jackson; $2,000,000 shall be for the University of Mississippi
    phytomedicine project; $500,000 shall be for the Alaska aviation safety
    initiative; and $1,000,000 shall be for the University of South Alabama
    birth defects monitoring and prevention activities.
        In addition, $51,000,000, to be derived from the Violent Crime
    Reduction Trust Fund, for carrying out sections 40151 and 40261 of
    Public Law 103-322.

                          National Institutes of Health

                            national cancer institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to cancer, $3,332,317,000.

                    national heart, lung, and blood institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to cardiovascular, lung, and blood diseases,
    and blood and blood products, $2,040,291,000.

             national institute of dental and craniofacial research

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to dental disease, $270,253,000.

    [[Page 113 STAT. 1501A-228]]

        national institute of diabetes and digestive and kidney diseases

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to diabetes and digestive and kidney disease,
    $1,147,588,000.

             national institute of neurological disorders and stroke

         For carrying out section 301 and title IV of the Public Health
    Service Act with respect to neurological disorders and stroke,
    $1,034,886,000.

              national institute of allergy and infectious diseases

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to allergy and infectious diseases,
    $1,803,063,000.

                 national institute of general medical sciences

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to general medical sciences, $1,361,668,000.

            national institute of child health and human development

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to child health and human development,
    $862,884,000.

                             national eye institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to eye diseases and visual disorders,
    $452,706,000.

               national institute of environmental health sciences

        For carrying out sections 301 and 311 and title IV of the Public
    Health Service Act with respect to environmental health sciences,
    $444,817,000.

                           national institute on aging

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to aging, $690,156,000.

      national institute of arthritis and musculoskeletal and skin diseases

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to arthritis and musculoskeletal and skin
    diseases, $351,840,000.

        national institute on deafness and other communication disorders

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to deafness and other communication disorders,
    $265,185,000.

    [[Page 113 STAT. 1501A-229]]

                     national institute of nursing research

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to nursing research, $90,000,000.

               national institute on alcohol abuse and alcoholism

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to alcohol abuse and alcoholism, $293,935,000.

                        national institute on drug abuse

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to drug abuse, $689,448,000.

                       national institute of mental health

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to mental health, $978,360,000.

                    national human genome research institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to human genome research, $337,322,000.

                     national center for research resources

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to research resources and general research
    support grants, $680,176,000: Provided, That none of these funds shall
    be used to pay recipients of the general research support grants program
    any amount for indirect expenses in connection with such grants:
    Provided further, That $75,000,000 shall be for extramural facilities
    construction grants.

                      john e. fogarty international center

        For carrying out the activities at the John E. Fogarty International
    Center, $43,723,000.

                          national library of medicine

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to health information communications,
    $215,214,000, of which $4,000,000 shall be available until expended for
    improvement of information systems: Provided, That in fiscal year 2000,
    the Library may enter into personal services contracts for the provision
    of services in facilities owned, operated, or constructed under the
    jurisdiction of the National Institutes of Health.

           national center for complementary and alternative medicine

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to complementary and alternative medicine,
    $68,753,000.

    [[Page 113 STAT. 1501A-230]]

                             office of the director

                          (including transfer of funds)

        For carrying out the responsibilities of the Office of the Director,
    National Institutes of Health, $283,509,000, of which $44,953,000 shall
    be for the Office of AIDS Research: Provided, That funding shall be
    available for the purchase of not to exceed 29 passenger motor vehicles
    for replacement only: Provided further, That the Director may direct up
    to 1 percent of the total amount made available in this or any other Act
    to all National Institutes of Health appropriations to activities the
    Director may so designate: Provided further, That no such appropriation
    shall be decreased by more than 1 percent by any such transfers and that
    the Congress is promptly notified of the transfer: Provided further,
    That the National Institutes of Health is authorized to collect third
    party payments for the cost of clinical services that are incurred in
    National Institutes of Health research facilities and that such payments
    shall be credited to the National Institutes of Health Management Fund:
    Provided further, That all funds credited to the National Institutes of
    Health Management Fund shall remain available for one fiscal year after
    the fiscal year in which they are deposited: Provided further, That up
    to $500,000 shall be available to carry out section 499 of the Public
    Health Service Act: Provided further, That, notwithstanding section
    499(k)(10) of the Public Health Service Act, funds from the Foundation
    for the National Institutes of Health may be transferred to the National
    Institutes of Health.

                            buildings and facilities

        For the study of, construction of, and acquisition of equipment for,
    facilities of or used by the National Institutes of Health, including
    the acquisition of real property, $135,376,000, to remain available
    until expended.

            Substance Abuse and Mental Health Services Administration

                   substance abuse and mental health services

        For carrying out titles V and XIX of the Public Health Service Act
    with respect to substance abuse and mental health services, the
    Protection and Advocacy for Mentally Ill Individuals Act of 1986, and
    section 301 of the Public Health Service Act with respect to program
    management, $2,654,953,000.

                   Agency for Health Care Policy and Research

                         health care policy and research

        For carrying out titles III and IX of the Public Health Service Act,
    and part A of title XI of the Social Security Act, $111,424,000; in
    addition, amounts received from Freedom of Information Act fees,
    reimbursable and interagency agreements, and the sale of data tapes
    shall be credited to this appropriation and shall remain available until
    expended: Provided, That the amount made available pursuant to section
    926(b) of the Public Health Service Act shall not exceed $88,576,000.

    [[Page 113 STAT. 1501A-231]]

                      Health Care Financing Administration

                          grants to states for medicaid

        For carrying out, except as otherwise provided, titles XI and XIX of
    the Social Security Act, $86,087,393,000, to remain available until
    expended.
        For making, after May 31, 2000, payments to States under title XIX
    of the Social Security Act for the last quarter of fiscal year 2000 for
    unanticipated costs, incurred for the current fiscal year, such sums as
    may be necessary.
        For making payments to States or in the case of section 1928 on
    behalf of States under title XIX of the Social Security Act for the
    first quarter of fiscal year 2001, $30,589,003,000, to remain available
    until expended.
        Payment under title XIX may be made for any quarter with respect to
    a State plan or plan amendment in effect during such quarter, if
    submitted in or prior to such quarter and approved in that or any
    subsequent quarter.

                       payments to health care trust funds

        For payment to the Federal Hospital Insurance and the Federal
    Supplementary Medical Insurance Trust Funds, as provided under sections
    217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d)
    of the Social Security Amendments of 1965, section 278(d) of Public Law
    97-248, and for administrative expenses incurred pursuant to section
    201(g) of the Social Security Act, $69,289,100,000.

                               program management

        For carrying out, except as otherwise provided, titles XI, XVIII,
    XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
    Public Health Service Act, and the Clinical Laboratory Improvement
    Amendments of 1988, not to exceed $1,994,548,000, to be transferred from
    the Federal Hospital Insurance and the Federal Supplementary Medical
    Insurance Trust Funds, as authorized by section 201(g) of the Social
    Security Act; together with all funds collected in accordance with
    section 353 of the Public Health Service Act and such sums as may be
    collected from authorized user fees and the sale of data, which shall
    remain available until expended, and together with administrative fees
    collected relative to Medicare overpayment recovery activities, which
    shall remain available until expended: Provided, That all funds derived
    in accordance with 31 U.S.C. 9701 from organizations established under
    title XIII of the Public Health Service Act shall be credited to and
    available for carrying out the purposes of this appropriation: Provided
    further, That $18,000,000 appropriated under this heading for the
    managed care system redesign shall remain available until expended:
    Provided further, That $2,000,000 of the amount available for research,
    demonstration, and evaluation activities shall be available to continue
    carrying out demonstration projects on Medicaid coverage of community-
    based attendant care services for people with disabilities which ensures
    maximum control by the consumer to select and manage their attendant
    care services: Provided further, That $3,000,000 of the amount available
    for research, demonstration, and evaluation activities shall be awarded
    to an

    [[Page 113 STAT. 1501A-232]]

    application from the University of Pennsylvania Medical Center, the
    University of Louisville Sciences Center, and St. Vincent's Hospital in
    Montana to conduct a demonstration to reduce hospitalizations among
    high-risk patients with congestive heart failure: Provided further, That
    $2,000,000 of the amount available for research, demonstration, and
    evaluation activities shall be awarded to the AIDS Healthcare Foundation
    in Los Angeles: Provided further, That $100,000 of the amount available
    for research, demonstration, and evaluation activities shall be awarded
    to Littleton Regional Hospital in New Hampshire, to assist in the
    development of rural emergency medical services: Provided further, That
    $250,000 of the amount available for research, demonstration, and
    evaluation activities shall be awarded to the University of Missouri-
    Kansas City to test behavorial interventions of nursing home residents
    with moderate to severe dementia: Provided further, That $1,000,000 of
    the amount available for research, demonstration, and evaluation
    activities shall be awarded for a children's hospice care demonstration
    program in Virginia, Florida, Kentucky, New York, and Utah: Provided
    further, That $150,000 of the amount available for research,
    demonstration, and evaluation activities shall be awarded to L.A. Care
    Health Plan in Los Angeles, California for a Medicaid outreach
    demonstration project to provide access to medical care for uninsured
    workers: Provided further, That $500,000 of the amount available for
    research, demonstration, and evaluation activities shall be awarded to
    the Baystate Medical Center in Springfield, Massachusetts for the
    Partners for a Healthier Community childhood immunization demonstration
    project: Provided further, That $250,000 shall be awarded to the Shelby
    County Regional Medical Center to establish a Master Patient Index to
    determine patient Medicaid/TennCare eligibility: Provided further, That
    the Secretary of Health and Human Services is directed to collect, in
    aggregate, $95,000,000 in fees in fiscal year 2000 from Medicare+Choice
    organizations pursuant to section 1857(e)(2) of the Social Security Act
    and from eligible organizations with risk-sharing contracts under
    section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act.

          health maintenance organization loan and loan guarantee fund

        For carrying out subsections (d) and (e) of section 1308 of the
    Public Health Service Act, any amounts received by the Secretary in
    connection with loans and loan guarantees under title XIII of the Public
    Health Service Act, to be available without fiscal year limitation for
    the payment of outstanding obligations. During fiscal year 2000, no
    commitments for direct loans or loan guarantees shall be made.

                    Administration for Children and Families

      payments to states for child support enforcement and family support
                                    programs

        For making payments to States or other non-Federal entities under
    titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
    Act of July 5, 1960 (24 U.S.C. ch. 9), for the first quarter of fiscal
    year 2001, $650,000,000.

    [[Page 113 STAT. 1501A-233]]

        For making payments to each State for carrying out the program of
    Aid to Families with Dependent Children under title IV-A of the Social
    Security Act before the effective date of the program of Temporary
    Assistance to Needy Families (TANF) with respect to such State, such
    sums as may be necessary: Provided, That the sum of the amounts
    available to a State with respect to expenditures under such title IV-A
    in fiscal year 1997 under this appropriation and under such title IV-A
    as amended by the Personal Responsibility and Work Opportunity
    Reconciliation Act of 1996 shall not exceed the limitations under
    section 116(b) of such Act.
        For making, after May 31 of the current fiscal year, payments to
    States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
    and XVI of the Social Security Act and the Act of July 5, 1960 (24
    U.S.C. ch. 9), for the last 3 months of the current year for
    unanticipated costs, incurred for the current fiscal year, such sums as
    may be necessary.

                        low income home energy assistance

        For making payments under title XXVI of the Omnibus Budget
    Reconciliation Act of 1981, $1,100,000,000, to be available for
    obligation in the period October 1, 2000 through September 30, 2001.
        For making payments under title XXVI of such Act, $300,000,000:
    Provided, That these funds are hereby designated by Congress to be
    emergency requirements pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985: Provided further, That
    these funds shall be made available only after submission to Congress of
    a formal budget request by the President that includes designation of
    the entire amount of the request as an emergency requirement as defined
    in the Balanced Budget and Emergency Deficit Control Act of 1985.
        The $1,100,000,000 provided in the first paragraph under this
    heading in the Departments of Labor, Health and Human Services, and
    Education, and Related Agencies Appropriations Act, 1999 (as contained
    in section 101(f ) of division A of Public Law 105-277) is hereby
    designated by the Congress as an emergency requirement pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985: Provided, That such funds shall be available only
    if the President submits to the Congress one official budget request for
    $1,100,000,000 that includes designation of the entire amount as an
    emergency requirement pursuant to such section: Provided further, That
    such funds shall be distributed in accordance with section 2604 of the
    Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 8623), other than
    subsection (e) of such section.

                         refugee and entrant assistance

        For making payments for refugee and entrant assistance activities
    authorized by title IV of the Immigration and Nationality Act and
    section 501 of the Refugee Education Assistance Act of 1980 (Public Law
    96-422), $419,005,000: Provided, That funds appropriated pursuant to
    section 414(a) of the Immigration and Nationality Act under Public Law
    105-78 for fiscal year 1998 and under Public Law 105-277 for fiscal year
    1999 shall be available for the costs of assistance provided and other
    activities through September 30, 2001.

    [[Page 113 STAT. 1501A-234]]

        For carrying out section 5 of the Torture Victims Relief Act of 1998
    (Public Law 105-320), $7,500,000.
        The $426,505,000 provided under this heading is hereby designated by
    the Congress as an emergency requirement pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
    1985: Provided, That such funds shall be available only if the President
    submits to the Congress one official budget request for $426,505,000
    that includes designation of the entire amount as an emergency
    requirement pursuant to such section.

        payments to states for the child care and development block grant

        For carrying out sections 658A through 658R of the Omnibus Budget
    Reconciliation Act of 1981 (The Child Care and Development Block Grant
    Act of 1990), to become available on October 1, 2000 and remain
    available through September 30, 2001, $1,182,672,000: Provided, That
    $19,120,000 shall be available for child care resource and referral and
    school-aged child care activities: Provided further, That of the funds
    provided for fiscal year 2001, $172,672,000 shall be reserved by the
    States for activities authorized under section 658G of the Omnibus
    Budget Reconciliation Act of 1981 (The Child Care and Development Block
    Grant Act of 1990), such funds to be in addition to the amounts required
    to be reserved by the States under section 658G: Provided further, That
    of the funds provided for fiscal year 2000 under Public Law 105-277,
    $500,000 shall be for a toll-free child care services program hotline to
    be operated by Child Care Aware.

                           social services block grant

        For making grants to States pursuant to section 2002 of the Social
    Security Act, $1,775,000,000: Provided, That notwithstanding section
    2003(c) of such Act, as amended, the amount specified for allocation
    under such section for fiscal year 2000 shall be $1,775,000,000.

                     children and families services programs

                             (including rescissions)

        For carrying out, except as otherwise provided, the Runaway and
    Homeless Youth Act, the Developmental Disabilities Assistance and Bill
    of Rights Act, the Head Start Act, the Child Abuse Prevention and
    Treatment Act, the Native American Programs Act of 1974, title II of
    Public Law 95-266 (adoption opportunities), the Adoption and Safe
    Families Act of 1997 (Public Law 105-89), the Abandoned Infants
    Assistance Act of 1988, part B(1) of title IV and sections 413, 429A,
    1110, and 1115 of the Social Security Act; for making payments under the
    Community Services Block Grant Act, section 473A of the Social Security
    Act, and title IV of Public Law 105-285; and for necessary
    administrative expenses to carry out said Acts and titles I, IV, X, XI,
    XIV, XVI, and XX of the Social Security Act, the Act of July 5, 1960 (24
    U.S.C. ch. 9), the Omnibus Budget Reconciliation Act of 1981, title IV
    of the Immigration and Nationality Act, section 501 of the Refugee
    Education Assistance Act of 1980, section 5 of the Torture Victims
    Relief Act of 1998 (Public Law 105-320), sections 40155, 40211, and
    40241 of Public Law 103-322 and section 126 and titles IV

    [[Page 113 STAT. 1501A-235]]

    and V of Public Law 100-485, $6,734,133,000, of which $43,000,000, to
    remain available until September 30, 2001, shall be for grants to States
    for adoption incentive payments, as authorized by section 473A of title
    IV of the Social Security Act (42 U.S.C. 670-679); of which $587,065,000
    shall be for making payments under the Community Services Block Grant
    Act; and of which $5,267,000,000 shall be for making payments under the
    Head Start Act, of which $1,400,000,000 shall become available October
    1, 2000 and remain available through September 30, 2001: Provided, That
    to the extent Community Services Block Grant funds are distributed as
    grant funds by a State to an eligible entity as provided under the Act,
    and have not been expended by such entity, they shall remain with such
    entity for carryover into the next fiscal year for expenditure by such
    entity consistent with program purposes: Provided further, That the
    Secretary shall establish procedures regarding the disposition of
    intangible property which permits grant funds, or intangible assets
    acquired with funds authorized under section 680 of the Community
    Services Block Grant Act, as amended, to become the sole property of
    such grantees after a period of not more than 12 years after the end of
    the grant for purposes and uses consistent with the original grant:
    Provided further, That $1,700,000,000 of the amount provided for making
    payments under the Head Start Act is hereby designated by Congress as an
    emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985: Provided further, That
    such funds shall be available only if the President submits to the
    Congress one official budget request for $1,700,000,000 that includes
    designation of the entire amount as an emergency requirement pursuant to
    such section.
        In addition, $101,000,000, to be derived from the Violent Crime
    Reduction Trust Fund for carrying out sections 40155, 40211, and 40241
    of Public Law 103-322.
        Funds appropriated for fiscal year 2000 under section 429A(e), part
    B of title IV of the Social Security Act shall be reduced by $6,000,000.
        Funds appropriated for fiscal year 2000 under section 413(h)(1) of
    the Social Security Act shall be reduced by $15,000,000.

                       promoting safe and stable families

        For carrying out section 430 of the Social Security Act,
    $295,000,000.

           payments to states for foster care and adoption assistance

        For making payments to States or other non-Federal entities under
    title IV-E of the Social Security Act, $4,307,300,000 of which
    $105,000,000 shall be for making payments under sections 470 and 477 of
    title IV-E of the Social Security Act;
        For making payments to States or other non-Federal entities under
    title IV-E of the Social Security Act, for the first quarter of fiscal
    year 2001, $1,538,000,000.

    [[Page 113 STAT. 1501A-236]]

                             Administration on Aging

                             aging services programs

        For carrying out, to the extent not otherwise provided, the Older
    Americans Act of 1965, as amended, and section 398 of the Public Health
    Service Act, $934,285,000: Provided, That notwithstanding section
    308(b)(1) of the Older Americans Act of 1965, as amended, the amounts
    available to each State for administration of the State plan under title
    III of such Act shall be reduced not more than 5 percent below the
    amount that was available to such State for such purpose for fiscal year
    1995: Provided further, That in considering grant applications for
    nutrition services for elder Indian recipients, the Assistant Secretary
    shall provide maximum flexibility to applicants who seek to take into
    account subsistence, local customs, and other characteristics that are
    appropriate to the unique cultural, regional, and geographic needs of
    the American Indian, Alaska and Hawaiian Native communities to be
    served.

                             Office of the Secretary

                         general departmental management

        For necessary expenses, not otherwise provided, for general
    departmental management, including hire of six sedans, and for carrying
    out titles III, XVII, and XX of the Public Health Service Act, and the
    United States-Mexico Border Health Commission Act, $227,051,000, of
    which $20,000,000 shall become available on October 1, 2000, and shall
    remain available until September 30, 2001, together with $5,851,000, to
    be transferred and expended as authorized by section 201(g)(1) of the
    Social Security Act from the Hospital Insurance Trust Fund and the
    Supplemental Medical Insurance Trust Fund: Provided, That $450,000 shall
    be for a contract with the National Academy of Sciences to conduct a
    study of the proposed tuberculosis standard promulgated by the
    Occupational Safety and Health Administration: Provided further, That
    said contract shall be awarded not later than 60 days after the
    enactment of this Act: Provided further, That said study shall be
    submitted to the Congress not later than 12 months after award of the
    contract: Provided further, That of the funds made available under this
    heading for carrying out title XX of the Public Health Service Act,
    $10,569,000 shall be for activities specified under section 2003(b)(2),
    of which $9,131,000 shall be for prevention service demonstration grants
    under section 510(b)(2) of title V of the Social Security Act, as
    amended, without application of the limitation of section 2010(c) of
    said title XX: Provided further, That $500,000 shall be available to the
    Office of the Surgeon General, within the Office of Public Health and
    Science, to prepare and disseminate the findings of the Surgeon
    General's report on youth violence, and to coordinate activities across
    the Department of Health and Human Services: Provided further, That the
    Secretary may transfer a portion of such funds to other Federal entities
    for youth violence prevention coordination activities: Provided further,
    That $2,000,000 shall be available to the Lawton Chiles Foundation.

    [[Page 113 STAT. 1501A-237]]

                           office of inspector general

        For expenses necessary for the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $31,500,000.

                             office for civil rights

        For expenses necessary for the Office for Civil Rights, $18,838,000,
    together with not to exceed $3,314,000, to be transferred and expended
    as authorized by section 201(g)(1) of the Social Security Act from the
    Hospital Insurance Trust Fund and the Supplemental Medical Insurance
    Trust Fund.

                                 policy research

        For carrying out, to the extent not otherwise provided, research
    studies under section 1110 of the Social Security Act, $17,000,000.

          retirement pay and medical benefits for commissioned officers

        For retirement pay and medical benefits of Public Health Service
    Commissioned Officers as authorized by law, for payments under the
    Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
    for medical care of dependents and retired personnel under the
    Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments
    pursuant to section 229(b) of the Social Security Act (42 U.S.C.
    429(b)), such amounts as may be required during the current fiscal year.

                public health and social services emergency fund

        For expenses necessary to support activities related to countering
    potential biological, disease and chemical threats to civilian
    populations, $214,600,000: Provided, That this amount is distributed as
    follows: Centers for Disease Control and Prevention, $155,000,000, of
    which $30,000,000 shall be for the Health Alert Network, $1,000,000
    shall be for the Carnegie Mellon Research Institute, $1,000,000 shall be
    for the St. Louis University School of Public Health, $1,000,000 shall
    be for the University of Texas Medical Branch at Galveston, $1,000,000
    shall be for the Noble Army Hospital of Alabama bioterrorism program and
    $1,000,000 shall be for the Johns Hopkins University Center for Civilian
    Biodefense; Office of the Secretary, $30,000,000, Agency for Health Care
    Policy and Research, $5,000,000, and Office of Emergency Preparedness,
    $24,600,000. In addition, for expenses necessary for the portion of the
    Global Health Initiative conducted by the Centers for Disease Control
    and Prevention, $69,000,000: Provided further, That this amount is
    distributed as follows: $35,000,000 shall be for international HIV/AIDS
    programs, $9,000,000 shall be for malaria programs, $5,000,000 shall be
    for global micronutrient malnutrition programs and $20,000,000 shall be
    for carrying out polio eradication activities. In addition, $150,000,000
    for carrying out the Department's Year 2000 computer conversion
    activities, $5,000,000 for the environmental health laboratory at the
    Centers for Disease Control and Prevention, $50,000,000 for minority
    AIDS prevention and treatment activities, $20,000,000 for the National
    Institutes of Health challenge grant program, and $75,000,000 to

    [[Page 113 STAT. 1501A-238]]

    support the Ricky Ray Hemophilia Relief Fund Act of 1998: Provided
    further, That notwithstanding any other provision of law, up to
    $10,000,000 of the amount provided for the Ricky Ray Hemophilia Relief
    Fund Act may be available for administrative expenses: Provided further,
    That the entire amount under this heading is hereby designated by the
    Congress to be emergency requirements pursuant to section 251(b)(2)(A)
    of the Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended: Provided further, That the entire amount under this heading
    shall be made available only after submission to the Congress of a
    formal budget request by the President that includes designation of the
    entire amount of the request as an emergency requirement as defined in
    the Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended: Provided further, That no funds shall be obligated until the
    Department of Health and Human Services submits an operating plan to the
    House and Senate Committees on Appropriations.

                               GENERAL PROVISIONS

        Sec. 201. Funds appropriated in this title shall be available for
    not to exceed $37,000 for official reception and representation expenses
    when specifically approved by the Secretary.
        Sec. 202. The Secretary shall make available through assignment not
    more than 60 employees of the Public Health Service to assist in child
    survival activities and to work in AIDS programs through and with funds
    provided by the Agency for International Development, the United Nations
    International Children's Emergency Fund or the World Health
    Organization.
        Sec. 203. None of the funds appropriated under this Act may be used
    to implement section 399L(b) of the Public Health Service Act or section
    1503 of the National Institutes of Health Revitalization Act of 1993,
    Public Law 103-43.
        Sec. 204. None of the funds appropriated in this Act for the
    National Institutes of Health and the Substance Abuse and Mental Health
    Services Administration shall be used to pay the salary of an
    individual, through a grant or other extramural mechanism, at a rate in
    excess of Executive Level II.
        Sec. 205. None of the funds appropriated in this Act may be expended
    pursuant to section 241 of the Public Health Service Act, except for
    funds specifically provided for in this Act, or for other taps and
    assessments made by any office located in the Department of Health and
    Human Services, prior to the Secretary's preparation and submission of a
    report to the Committee on Appropriations of the Senate and of the House
    detailing the planned uses of such funds.

                               (transfer of funds)

        Sec. 206. Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985, as amended) which are appropriated for the current fiscal year for
    the Department of Health and Human Services in this Act may be
    transferred between appropriations, but no such appropriation shall be
    increased by more than 3 percent by any such transfer: Provided, That
    the Appropriations Committees of both Houses of Congress are notified at
    least 15 days in advance of any transfer.

    [[Page 113 STAT. 1501A-239]]

        Sec. 207. The Director of the National Institutes of Health, jointly
    with the Director of the Office of AIDS Research, may transfer up to 3
    percent among institutes, centers, and divisions from the total amounts
    identified by these two Directors as funding for research pertaining to
    the human immunodeficiency virus: Provided, That the Congress is
    promptly notified of the transfer.
        Sec. 208. Of the amounts made available in this Act for the National
    Institutes of Health, the amount for research related to the human
    immunodeficiency virus, as jointly determined by the Director of the
    National Institutes of Health and the Director of the Office of AIDS
    Research, shall be made available to the ``Office of AIDS Research''
    account. The Director of the Office of AIDS Research shall transfer from
    such account amounts necessary to carry out section 2353(d)(3) of the
    Public Health Service Act.
        Sec. 209. None of the funds appropriated in this Act may be made
    available to any entity under title X of the Public Health Service Act
    unless the applicant for the award certifies to the Secretary that it
    encourages family participation in the decision of minors to seek family
    planning services and that it provides counseling to minors on how to
    resist attempts to coerce minors into engaging in sexual activities.
        Sec. 210. The final rule entitled ``Organ Procurement and
    Transplantation Network'', promulgated by the Secretary of Health and
    Human Services on April 2, 1998 (63 Fed. Reg. 16295 et seq.) (relating
    to part 121 of title 42, Code of Federal Regulations), together with the
    amendments to such rules promulgated on October 20, 1999 (64 Fed. Reg.
    56649 et seq.) shall not become effective before the expiration of the
    42 day period beginning on the date of the enactment of this Act.
        Sec. 211. None of the funds appropriated by this Act (including
    funds appropriated to any trust fund) may be used to carry out the
    Medicare+Choice program if the Secretary denies participation in such
    program to an otherwise eligible entity (including a Provider Sponsored
    Organization) because the entity informs the Secretary that it will not
    provide, pay for, provide coverage of, or provide referrals for
    abortions: Provided, That the Secretary shall make appropriate
    prospective adjustments to the capitation payment to such an entity
    (based on an actuarially sound estimate of the expected costs of
    providing the service to such entity's enrollees): Provided further,
    That nothing in this section shall be construed to change the Medicare
    program's coverage for such services and a Medicare+Choice organization
    described in this section shall be responsible for informing enrollees
    where to obtain information about all Medicare covered services.
        Sec. 212. (a) Mental Health.--Section 1918(b) of the Public Health
    Service Act (42 U.S.C. 300x-7(b)) is amended to read as follows:
        ``(b) Minimum Allotments for States.--With respect to fiscal year
    2000, the amount of the allotment of a State under section 1911 shall
    not be less than the amount the State received under section 1911 for
    fiscal year 1998.''.
        (b) Substance Abuse.--Section 1933(b) of the Public Health Service
    Act (42 U.S.C. 300x-33(b)) is amended to read as follows:
        ``(b) Minimum Allotments for States.--Each State's allotment for
    fiscal year 2000 for programs under this subpart shall be equal to such
    State's allotment for such programs for fiscal year 1999, except that,
    if the amount appropriated in fiscal year

    [[Page 113 STAT. 1501A-240]]

    2000 is less than the amount appropriated in fiscal year 1999, then the
    amount of a State's allotment under section 1921 shall be equal to the
    amount that the State received under section 1921 in fiscal year 1999
    decreased by the percentage by which the amount appropriated for fiscal
    year 2000 is less than the amount appropriated for such section for
    fiscal year 1999.''.
        Sec. 213. Notwithstanding any other provision of law, no provider of
    services under title X of the Public Health Service Act shall be exempt
    from any State law requiring notification or the reporting of child
    abuse, child molestation, sexual abuse, rape, or incest.
        Sec. 214. Extension of Certain Adjudication Provisions.--The Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1990 (Public Law 101-167) is amended--
                (1) in section 599D (8 U.S.C. 1157 note)--
                        (A) in subsection (b)(3), by striking ``1997, 1998,
                    and 1999'' and inserting ``1997, 1998, 1999, and 2000'';
                    and
                        (B) in subsection (e), by striking ``October 1,
                    1999'' each place it appears and inserting ``October 1,
                    2000''; and
                (2) in section 599E (8 U.S.C. 1255 note) in subsection
            (b)(2), by striking ``September 30, 1999'' and inserting
            ``September 30, 2000''.

        Sec. 215. None of the funds provided in this Act or in any other Act
    making appropriations for fiscal year 2000 may be used to administer or
    implement in Arizona or in the Kansas City, Missouri or in the Kansas
    City, Kansas area the Medicare Competitive Pricing Demonstration Project
    (operated by the Secretary of Health and Human Services under authority
    granted in section 4011 of the Balanced Budget Act of 1997 (Public Law
    105-33)).
        Sec. 216. Of the funds appropriated for the National Institutes of
    Health for fiscal year 2000, $3,000,000,000 shall not be available for
    obligation until September 29, 2000. Of the funds appropriated for the
    Health Resources and Services Administration for fiscal year 2000,
    $450,000,000 shall not be available for obligation until September 29,
    2000. Of the funds appropriated for the Centers for Disease Control and
    Prevention for fiscal year 2000, $500,000,000 shall not be available for
    obligation until September 29, 2000. Of the funds appropriated for the
    Children and Families Services Programs for fiscal year 2000,
    $400,000,000 shall not be available for obligation until September 29,
    2000. Of the funds appropriated for the Social Services Block Grant for
    fiscal year 2000, $425,000,000 shall not be available for obligation
    until September 29, 2000. Of the funds appropriated for the Substance
    Abuse and Mental Health Services Administration for fiscal year 2000,
    $200,000,000 shall not be available for obligation until September 29,
    2000. Such funds delayed by this section shall be available for
    obligation until October 15, 2000.
        Sec. 217. Study and Report on the Geographic Adjustment Factors
    Under the Medicare Program. (a) Study.--The Secretary of Health and
    Human Services shall conduct a study on--
                (1) the reasons why, and the appropriateness of the fact
            that, the geographic adjustment factor (determined under
            paragraph (2) of section 1848(e) (42 U.S.C. 1395w-4(e)) used in
            determining the amount of payment for physicians' services under
            the Medicare program is less for physicians' services

    [[Page 113 STAT. 1501A-241]]

            provided in New Mexico than for physicians' services provided in
            Arizona, Colorado, and Texas; and
                (2) the effect that the level of the geographic cost-of-
            practice adjustment factor (determined under paragraph (3) of
            such section) has on the recruitment and retention of physicians
            in small rural States, including New Mexico, Iowa, Louisiana,
            and Arkansas.

        (b) Report.--Not later than 3 months after the date of the enactment
    of this Act, the Secretary of Health and Human Services shall submit a
    report to Congress on the study conducted under subsection (a), together
    with any recommendations for legislation that the Secretary determines
    to be appropriate as a result of such study.
        Sec. 218. Withholding of Substance Abuse Funds. (a) In General.--
    None of the funds appropriated by this Act may be used to withhold
    substance abuse funding from a State pursuant to section 1926 of the
    Public Health Service Act (42 U.S.C. 300x-26) if such State certifies to
    the Secretary of Health and Human Services that the State will commit
    additional State funds, in accordance with subsection (b), to ensure
    compliance with State laws prohibiting the sale of tobacco products to
    individuals under 18 years of age.
        (b) Amount of State Funds.--The amount of funds to be committed by a
    State under subsection (a) shall be equal to 1 percent of such State's
    substance abuse block grant allocation for each percentage point by
    which the State misses the retailer compliance rate goal established by
    the Secretary of Health and Human Services under section 1926 of such
    Act, except that the Secretary may agree to a smaller commitment of
    additional funds by the State.
        (c) Supplement not Supplant.--Amounts expended by a State pursuant
    to a certification under subsection (a) shall be used to supplement and
    not supplant State funds used for tobacco prevention programs and for
    compliance activities described in such subsection in the fiscal year
    preceding the fiscal year to which this section applies.
        (d) Enforcement of State Expenditure.--The Secretary shall exercise
    discretion in enforcing the timing of the State expenditure required by
    the certification described in subsection (a) as late as July 31, 2000.
        Sec. 219. None of the funds made available under this title may be
    used to carry out the transmittal of August 13, 1997 (relating to self-
    administered drugs) of the Deputy Director of the Division of Acute Care
    of the Health Care Financing Administration to regional offices of such
    Administration or to promulgate any regulation or other transmittal or
    policy directive that has the effect of imposing (or clarifying the
    imposition of ) a restriction on the coverage of injectable drugs under
    section 1861(s)(2) of the Social Security Act beyond the restrictions
    applied before the date of such transmittal.
        Sec. 220. In accordance with section 1557 of title 31, United States
    Code, funds obligated and awarded in fiscal years 1994 and 1995 under
    the heading ``National Cancer Institute'' for the Cancer Therapy and
    Research Center in San Antonio, Texas, grant numbers 1 C06 CA58690-01
    and 3 C06 CA58690-01S1, shall be exempt from subchapter IV of chapter 15
    of such title and the obligated unexpended dollars shall remain
    available to the grantee

    [[Page 113 STAT. 1501A-242]]

    for expenditure without fiscal year limitation to fulfill the purpose of
    the award.
        Sec. 221. Not later than January 15, 2000, the Secretary of Health
    and Human Services shall transfer $20,000,000 from the appropriation in
    this Act for ``National Institutes of Health--National Institute of
    Allergy and Infectious Diseases'' to the appropriation in this Act for
    ``Centers for Disease Control and Prevention--Disease Control, Research,
    and Training''.
        This title may be cited as the ``Department of Health and Human
    Services Appropriations Act, 2000''.

                       TITLE III--DEPARTMENT OF EDUCATION

                                education reform

        For carrying out activities authorized by titles III and IV of the
    Goals 2000: Educate America Act, the School-to-Work Opportunities Act,
    and sections 3122, 3132, 3136, and 3141, parts B, C, and D of title III,
    and part I of title X of the Elementary and Secondary Education Act of
    1965, $1,768,370,000, of which $456,500,000 for the Goals 2000: Educate
    America Act and $55,000,000 for the School-to-Work Opportunities Act
    shall become available on July 1, 2000 and remain available through
    September 30, 2001, and of which $109,500,000 shall be for section 3122:
    Provided, That none of the funds appropriated under this heading shall
    be obligated or expended to carry out section 304(a)(2)(A) of the Goals
    2000: Educate America Act, except that no more than $1,500,000 may be
    used to carry out activities under section 314(a)(2) of that Act:
    Provided further, That section 315(a)(2) of the Goals 2000: Educate
    America Act shall not apply: Provided further, That up to one-half of 1
    percent of the amount available under section 3132 shall be set aside
    for the outlying areas, to be distributed on the basis of their relative
    need as determined by the Secretary in accordance with the purposes of
    the program: Provided further, That if any State educational agency does
    not apply for a grant under section 3132, that State's allotment under
    section 3131 shall be reserved by the Secretary for grants to local
    educational agencies in that State that apply directly to the Secretary
    according to the terms and conditions published by the Secretary in the
    Federal Register: Provided further, That of the funds made available to
    carry out section 3136 and notwithstanding any other provision of law,
    $500,000 shall be awarded to the Houston Independent School District for
    technology infrastructure, $8,000,000 shall be awarded to the I CAN
    LEARN program, $3,000,000 shall be awarded to the Linking Education
    Technology and Educational Reform (LINKS) project for educational
    technology, $1,000,000 shall be awarded to the Center for Advanced
    Research and Technology (CART) for comprehensive secondary education
    reform, $250,000 shall be awarded to the Vaughn Reno Starks Community
    Center in Elizabethtown, Kentucky for a technology program, $125,000
    shall be awarded to the Wyandanch Compel Youth Academy Educational
    Assistance Program in New York, $3,000,000 shall be awarded to Hi-
    Technology High School in San Bernardino County, California for
    technology enhancement, $300,000 shall be awarded to the Long Island
    21st Century Technology and E-Commerce Alliance, $800,000 shall be
    awarded to Montana State University-Billings for a distance learning
    initiative, $2,000,000 for the Tupelo School District in Tupelo,
    Mississippi

    [[Page 113 STAT. 1501A-243]]

    for technology innovation in education, $900,000 for the University of
    Alaska at Anchorage for distance learning education, $1,000,000 shall be
    awarded to the Seton Hill College in Greensburg, Pennsylvania for a
    model education technology training program, $500,000 shall be awarded
    to the University of Alaska-Fairbanks, in Fairbanks, Alaska for a
    teacher technology training program, $200,000 shall be awarded to the
    Alaska Department of Education for the Alaska State Distance Education
    Technology Consortium, $1,000,000 shall be awarded to the North East
    Vocational Area Cooperative in Washington State for a multi-district
    technology education center, $400,000 shall be awarded to the University
    of Vermont for the Vermont Learning Gateway Program, $2,500,000 shall be
    awarded to the State University of New Jersey for the RUNet 2000 project
    at Rutgers for an integrated voice-video-data network to link students,
    faculty and administration via a high-speed, broad band fiber optic
    network, $500,000 shall be awarded to the Iowa Area Education Agency 13
    for a public/private partnership to demonstrate the effective use of
    technology in grades 1-3, $235,000 shall be for the Louisville Deaf Oral
    School for technology enhancements: Provided further, That in the State
    of Alabama $50,000 shall be awarded to the Bibb County Board of
    Education for technology enhancements, $50,000 shall be awarded to the
    Calhoun County Board of Education for technology enhancements, $50,000
    shall be awarded to the Chambers County Board of Education for
    technology enhancements, $50,000 shall be awarded to the Chilton County
    Board of Education for technology enhancements, $50,000 shall be awarded
    to the Clay County Board of Education for technology enhancements,
    $50,000 shall be awarded to the Cleburne County Board of Education for
    technology enhancements, $50,000 shall be awarded to the Coosa County
    Board of Education for technology enhancements, $50,000 shall be awarded
    to the Lee County Board of Education for technology enhancements,
    $50,000 shall be awarded to the Macon County Board of Education for
    technology enhancements, $50,000 shall be awarded to the St. Clair
    County Board of Education for technology enhancements, $50,000 shall be
    awarded to the Talladega County Board of Education for technology
    enhancements, $50,000 shall be awarded to the Tallapoosa County Board of
    Education for technology enhancements, $50,000 shall be awarded to the
    Randolph County Board of Education for technology enhancements, $50,000
    shall be awarded to the Russell County Board of Education for technology
    enhancements, $50,000 shall be awarded to the Alexander City Board of
    Education for technology enhancements, $50,000 shall be awarded to the
    Anniston City Board of Education for technology enhancements, $50,000
    shall be awarded to the Lanett City Board of Education for technology
    enhancements, $50,000 shall be awarded to the Pell City Board of
    Education for technology enhancements, $50,000 shall be awarded to the
    Roanoke City Board of Education for technology enhancements, $50,000
    shall be awarded to the Talledega City Board of Education for technology
    enhancements, $500,000 shall be to continue a state-of-the-art
    information technology system at Mansfield University, Mansfield,
    Pennsylvania, $250,000 shall be awarded to the Chicago Public School
    Science and Technology Academy to establish a curriculum of math,
    science, and technology, $500,000 shall be awarded to Prairie Hills,
    Illinois Elementary School District 144 for a public/private teacher
    technology training program, $1,000,000 shall be

    [[Page 113 STAT. 1501A-244]]

    awarded to Adelphi University in New York for the Information Commons
    project, $250,000 shall be awarded to the Oakland School District in
    California to support a distance education initiative, $800,000 shall be
    awarded to the Kennedy Krieger Career and Technology Center in Maryland
    for a distance learning project, $1,000,000 shall be awarded to Augsburg
    College and Twin Cities Public Television to demonstrate interactive
    technology to assist teachers and parents in effectively using emerging
    innovations in education, $100,000 shall be awarded to the Santa Barbara
    Industry Education Council in California to provide technology education
    to area students and teachers, $200,000 shall be awarded to the Nebraska
    Community College for technology training, and $250,000 shall be awarded
    to the Providence Public School System, in partnership with the
    Metropolitan Regional Career and Technical Center, for Project Family
    Net to provide computer technology training to children and their
    parents: Provided further, That of the funds made available to carry out
    title III, part B of the Elementary and Secondary Education Act of 1965
    and notwithstanding any other provision of law, $750,000 shall be
    awarded to the Technology Literacy Center at the Museum of Science and
    Industry, Chicago, $1,000,000 shall be awarded to an on-line math and
    science training program at Oklahoma State University, $4,000,000 shall
    be awarded to continue and expand the Iowa Communications Network State-
    wide fiber optic demonstration project, and $250,000 shall be awarded to
    the WinstonNet distance learning project in Winston Salem, North
    Carolina: Provided further, That of the funds made available for title
    X, part I of the Elementary and Secondary Education Act of 1965 and
    notwithstanding any other provision of law, $6,000 shall be awarded to
    the Study Partners Program, Inc., in Louisville, Kentucky, $12,000 shall
    be awarded to the Shawnee Gardens Tenants Association Inc., in
    Louisville, Kentucky for a tutorial program, $12,000 shall be awarded to
    the 100 Black Men of Louisville, Kentucky for a mentoring and leadership
    training program, $500,000 shall be awarded to the Omaha, Nebraska
    Public Schools for the OPS 21st Century Learning Grant, $25,000 shall be
    for the Plymouth Renewal Center in Kentucky for a tutoring program,
    $25,000 shall be for the Canaan Community Development Corporation's
    Village Learning Center Program, $25,000 shall be for the St. Stephen
    Life Center After School Program, $25,000 shall be for the Louisville
    Central Community Centers Youth Education Program, $15,000 shall be for
    the Trinity Family Life Center tutoring program, $15,000 shall be for
    the New Zion Community Development Foundation, Inc., after school
    mentoring program, $20,000 shall be for the St. Joseph Catholic Orphan
    Society program for abused and neglected children, $25,000 shall be for
    the Portland Neighborhood House after school program, $25,000 shall be
    for the St. Anthony Community Outreach Center, Inc., for the Education
    PAYs program, $250,000 shall be awarded to the Harvey Public School
    District 152 in Chicago, Illinois for the ``Project CAFE'' after-school
    program, $200,000 shall be awarded to the St. Clair County, Michigan
    Intermediate School District for after-school programs, $400,000 shall
    be awarded to the Macomb County, Michigan Intermediate School District
    for after-school programs, $200,000 shall be awarded to the Danbury
    Public School System in Connecticut for an ESCAPE Arts after-school
    program, $50,000 shall be awarded to the Tuckahoe School District for an
    after-school program in Eastchester,

    [[Page 113 STAT. 1501A-245]]

    New York, $100,000 shall be awarded to Innovative Directions, an
    Educational Alliance (IDEA), based at the City Island School (P.S. 175)
    in the Bronx, New York City, New York, $250,000 shall be awarded to the
    New York Hall of Science in Queens, New York for after-school education
    programs, $60,000 shall be awarded to the Mamaroneck School District in
    Mamaroneck, New York for expansion of an after-school program, $250,000
    shall be awarded to the White Plains School District for an after-school
    program in White Plains, New York, $200,000 shall be awarded to the New
    Rochelle School District for an after-school program in New Rochelle,
    New York, $250,000 shall be awarded to the Community School District 30
    in Queens, New York for the expansion of after-school activities,
    $500,000 shall be awarded to the Jefferson Elementary School for a joint
    after-school program with the Madison Elementary School in Stevens
    Point, Wisconsin, $400,000 shall be awarded to the School District of
    Superior in Wisconsin for an after-school center, $100,000 shall be
    awarded to the Independence School District in Kansas City, Missouri for
    an after-school program, and $500,000 shall be awarded to the Clark
    County School District in Nevada for an after-school program.

                         education for the disadvantaged

        For carrying out title I of the Elementary and Secondary Education
    Act of 1965, and section 418A of the Higher Education Act of 1965,
    $8,700,986,000, of which $2,461,823,000 shall become available on July
    1, 2000, and shall remain available through September 30, 2001, and of
    which $6,204,763,000 shall become available on October 1, 2000 and shall
    remain available through September 30, 2001, for academic year 2000-
    2001: Provided, That $6,783,000,000 shall be available for basic grants
    under section 1124: Provided further, That $134,000,000 shall be
    allocated among the States in the same proportion as funds are allocated
    among the States under section 1122, to carry out section 1116(c):
    Provided further, That 100 percent of these funds shall be allocated to
    local educational agencies for the purposes of carrying out section
    1116(c) and that local educational agencies shall provide all students
    enrolled in a school identified under section 1116(c) with the option to
    transfer to another public school within the local educational agency,
    including a public charter school, that has not been identified for
    school improvement under section 1116(c): Provided further, That if the
    local educational agency demonstrates to the satisfaction of the State
    educational agency that the local educational agency lacks the capacity
    to provide all students with the option to transfer to another public
    school, and after giving notice to the parents of children affected that
    it is not possible, consistent with State and local law, to accommodate
    the transfer request of every student, the local educational agency
    shall permit as many students as possible (who shall be selected by the
    local educational agency on an equitable basis) to transfer to a public
    school that has not been identified for school improvement under section
    1116(c): Provided further, That up to $3,500,000 of these funds shall be
    available to the Secretary on October 1, 1999, to obtain updated local-
    educational-agency-level census poverty data from the Bureau of the
    Census: Provided further, That $1,158,397,000 shall be available for
    concentration grants under section 1124A: Provided further, That
    $8,900,000 shall be available for evaluations under section 1501 and not
    more than $8,500,000 shall be reserved for section

    [[Page 113 STAT. 1501A-246]]

    1308, of which not more than $3,000,000 shall be reserved for section
    1308(d): Provided further, That grant awards under sections 1124 and
    1124A of title I of the Elementary and Secondary Education Act of 1965
    shall be made to each State and local educational agency at no less than
    100 percent of the amount such State or local educational agency
    received under this authority for fiscal year 1999: Provided further,
    That notwithstanding any other provision of law, grant awards under
    section 1124A of title I of the Elementary and Secondary Education Act
    of 1965 shall be made to those local educational agencies that received
    a Concentration Grant under the Department of Education Appropriations
    Act, 1998, but are not eligible to receive such a grant for fiscal year
    2000: Provided further, That each such local educational agency shall
    receive an amount equal to the Concentration Grant the agency received
    in fiscal year 1998, ratably reduced, if necessary, to ensure that these
    local educational agencies receive no greater share of their hold-
    harmless amounts than other local educational agencies: Provided
    further, That the Secretary shall not take into account the hold
    harmless provisions in this section in determining State allocations
    under any other program administered by the Secretary in any fiscal
    year: Provided further, That $170,000,000 shall be available under
    section 1002(g)(2) to demonstrate effective approaches to comprehensive
    school reform to be allocated and expended in accordance with the
    instructions relating to this activity in the statement of the managers
    on the conference report accompanying Public Law 105-78 and in the
    statement of the managers on the conference report accompanying Public
    Law 105-277: Provided further, That in carrying out this initiative, the
    Secretary and the States shall support only approaches that show the
    most promise of enabling children served by title I to meet challenging
    State content standards and challenging State student performance
    standards based on reliable research and effective practices, and
    include an emphasis on basic academics and parental involvement.

                                   impact aid

        For carrying out programs of financial assistance to federally
    affected schools authorized by title VIII of the Elementary and
    Secondary Education Act of 1965, $910,500,000, of which $737,200,000
    shall be for basic support payments under section 8003(b), $50,000,000
    shall be for payments for children with disabilities under section
    8003(d), $76,000,000, to remain available until expended, shall be for
    payments under section 8003(f ), $10,300,000 shall be for construction
    under section 8007, $32,000,000 shall be for Federal property payments
    under section 8002 and $5,000,000 to remain available until expended
    shall be for facilities maintenance under section 8008: Provided, That
    of the funds available for section 8007 and notwithstanding any other
    provision of law, $500,000 shall be awarded to the Fort Sam Houston
    Independent School District, Texas, $800,000 shall be awarded to the
    Hays Lodgepole School District, Montana, and $2,000,000 shall be awarded
    to the North Chicago Community Unit SD 187: Provided further, That these
    funds shall remain available until expended: Provided further, That the
    Secretary of Education shall treat as timely filed, and shall process
    for payment, an application for a fiscal year 1999 payment from the
    local educational agency for Brookeland, Texas under section 8002 of the
    Elementary and Secondary Education Act of 1965 if the Secretary has
    received that

    [[Page 113 STAT. 1501A-247]]

    application not later than 30 days after the enactment of this Act:
    Provided further, That section 8002(f ) of the Elementary and Secondary
    Education Act of 1965 is amended by adding a new paragraph ``(3)'' at
    the end to read as follows:
                ``(3) For each fiscal year beginning with fiscal year 2000,
            the Secretary shall treat the Central Union, California; Island,
            California; Hill City, South Dakota; and Wall, South Dakota
            local educational agencies as meeting the eligibility
            requirements of subsection (a)(1)(C) of this section.'':

    Provided further, That the Secretary of Education shall consider all
    payments received by the educational agency for Hatboro-Horsham and
    Delaware Valley, Pennsylvania for fiscal year 1995 under section 8002(a)
    of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
    7702(a)), and all payments under section 8002(h)(2)(A) for subsequent
    years through fiscal year 1999, to be correct: Provided further, That
    section 8002(f ) of the Elementary and Secondary Education Act of 1965
    is amended by adding at the end thereof a new paragraph (4) to read as
    follows:
                ``(4) For the purposes of payments under this section for
            each fiscal year beginning with fiscal year 2000, the Secretary
            shall treat the Hot Springs, South Dakota local educational
            agency as if it had filed a timely application under section
            8002 of the Elementary and Secondary Education Act of 1965 for
            fiscal year 1994 if the Secretary has received the fiscal year
            1994 application, as well as Exhibits A and B not later than
            December 1, 1999.'':

    Provided further, That section 8002(f ) of the Elementary and Secondary
    Education Act of 1965 is amended by adding at the end thereof a new
    paragraph (5) to read as follows:
                ``(5) For purposes of payments under this section for each
            fiscal year beginning with fiscal year 2000, the Secretary shall
            treat the Hueneme, California local educational agency as if it
            had filed a timely application under section 8002 of the
            Elementary and Secondary Education Act of 1965 if the Secretary
            has received the fiscal year 1995 application not later than
            December 1, 1999.'':

    Provided further, That the Secretary of Education shall treat as timely
    filed, and shall process for payment, an application for a fiscal year
    1998 payment from the local educational agency for Hydaburg, Alaska,
    under section 8003 of the Elementary and Secondary Education Act of 1965
    if the Secretary has received that application not later than 30 days
    after the enactment of this Act: Provided further, That the Secretary of
    Education shall treat as timely, and process for payment, an application
    for fiscal years 1996 and 1997 payment from the local education agency
    for Fallbrook Unified High School District, California, under section
    8002 of the Elementary and Secondary Education Act of 1965, if the
    Secretary has received that application not later than 30 days after the
    enactment of this Act: Provided further, That for the purpose of
    computing the amount of a payment for a local educational agency for
    children identified under section 8003 of the Elementary and Secondary
    Education Act of 1965, children residing in housing initially acquired
    or constructed under section 801 of the Military Construction
    Authorization Act of 1984 (Public Law 98-115) (``Build to Lease''
    program) shall be considered as children described under section
    8003(a)(1)(B) if the property described is within the fenced security
    perimeter of the military

    [[Page 113 STAT. 1501A-248]]

    facility upon which such housing is situated: Provided further, That if
    such property is not owned by the Federal Government, is subject to
    taxation by a State or political subdivision of a State, and thereby
    generates revenues for a local educational agency which received a
    payment from the Secretary under section 8003, the Secretary shall: (1)
    require such local educational agency to provide certification from an
    appropriate official of the Department of Defense that such property is
    being used to provide military housing; and (2) reduce the amount of
    such payment by an amount equal to the amount of revenue from such
    taxation received in the second preceding fiscal year by such local
    educational agency, unless the amount of such revenue was taken into
    account by the State for such second preceding fiscal year and already
    resulted in a reduction in the amount of State aid paid to such local
    educational agency.

                           school improvement programs

        For carrying out school improvement activities authorized by titles
    II, IV, V-A and B, VI, IX, X, and XIII of the Elementary and Secondary
    Education Act of 1965 (``ESEA''); the Stewart B. McKinney Homeless
    Assistance Act; and the Civil Rights Act of 1964 and part B of title
    VIII of the Higher Education Act of 1965; $3,026,884,000, of which
    $975,300,000 shall become available on July 1, 2000, and remain
    available through September 30, 2001, and of which $1,515,000,000 shall
    become available on October 1, 2000 and shall remain available through
    September 30, 2001 for academic year 2000-2001: Provided, That of the
    amount appropriated, $335,000,000 shall be for Eisenhower professional
    development State grants under title II-B and $1,680,000,000 shall be
    for title VI and up to $750,000 shall be for an evaluation of
    comprehensive regional assistance centers under title XIII of ESEA:
    Provided further, That of the amount made available for title VI
    $1,300,000,000 shall be available, notwithstanding any other provision
    of law, to carry out title VI of Elementary and Secondary Education Act
    of 1965 in accordance with section 310 of this Act, in order to reduce
    class size, particularly in the early grades, using highly qualified
    teachers to improve educational achievement for regular and special
    needs children.

                               reading excellence

        For necessary expenses to carry out the Reading Excellence Act,
    $65,000,000, which shall become available on July 1, 2000 and shall
    remain available through September 30, 2001 and $195,000,000 which shall
    become available on October 1, 2000 and remain available through
    September 30, 2001.

                                indian education

        For expenses necessary to carry out, to the extent not otherwise
    provided, title IX, part A of the Elementary and Secondary Education Act
    of 1965, as amended, $77,000,000.

                        bilingual and immigrant education

        For carrying out, to the extent not otherwise provided, bilingual,
    foreign language and immigrant education activities authorized by parts
    A and C and section 7203 of title VII of the Elementary

    [[Page 113 STAT. 1501A-249]]

    and Secondary Education Act of 1965, without regard to section 7103(b),
    $406,000,000: Provided, That State educational agencies may use all, or
    any part of, their part C allocation for competitive grants to local
    educational agencies.

                                special education

        For carrying out the Individuals with Disabilities Education Act,
    $6,036,646,000, of which $2,047,885,000 shall become available for
    obligation on July 1, 2000, and shall remain available through September
    30, 2001, and of which $3,742,000,000 shall become available on October
    1, 2000 and shall remain available through September 30, 2001, for
    academic year 2000-2001: Provided, That $1,500,000 shall be for the
    recipient of funds provided by Public Law 105-78 under section
    687(b)(2)(G) of the Act to provide information on diagnosis,
    intervention, and teaching strategies for children with disabilities:
    Provided further, That $1,500,000 shall be awarded to the Organizing
    Committee for the 2001 Special Olympics World Winter Games in Alaska and
    $1,000,000 shall be awarded to the Salt Lake City Organizing Committee
    for the VIII Paralympic Winter Games: Provided further, That $1,000,000
    shall be for the Early Childhood Development Project of the National
    Easter Seal Society for the Mississippi Delta Region, which funds shall
    be used to provide training, technical support, services and equipment
    to address personnel and other needs: Provided further, That $1,000,000
    shall be awarded to the Center for Literacy and Assessment at the
    University of Southern Mississippi for research dissemination and
    teacher and parent training.

                 rehabilitation services and disability research

        For carrying out, to the extent not otherwise provided, the
    Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
    the Helen Keller National Center Act, $2,707,522,000: Provided, That
    notwithstanding section 105(b)(1) of the Assistive Technology Act of
    1998 (``the AT Act''), each State shall be provided $50,000 for
    activities under section 102 of the AT Act: Provided further, That of
    the funds available for section 303 of the Rehabilitation Act of 1973
    and notwithstanding any other provision of law, $750,000 shall be
    awarded to the Krasnow Institute at George Mason University for a
    Receptive Language Disorders research center, $1,000,000 shall be
    awarded to the University of Central Florida for a virtual reality-based
    education and training program for the deaf, $2,000,000 shall be awarded
    to the Seattle Lighthouse for the Blind for interpreter, orientation,
    mobility, and education services for deaf, blind and other visually
    impaired adults, $1,000,000 shall be awarded to the Professional
    Development and Research Institute on Blindness in Louisiana for the
    training of professionals in the field of education and rehabilitation
    of blind adults and children, $600,000 shall be awarded to the Alaska
    Center for Independent Living in Anchorage, Alaska to develop capacity
    to implement a self-directed model for personal assistance services,
    including training of self-employed personal assistants and their
    clients, and $250,000 shall be awarded to the Center for Discovery
    International Family Institute in Sullivan County, New York to provide
    educational opportunities and support to individuals with severe mental
    and physical disabilities: Provided further, That of the funds available
    for section 305 of the Rehabilitation Act of

    [[Page 113 STAT. 1501A-250]]

    1973 and notwithstanding any other provision of law, $1,000,000 shall be
    awarded to the California State University at Northridge for a Western
    Center for Adaptive Therapy: Provided further, That of the funds
    available for title II of the Rehabilitation Act of 1973 and
    notwithstanding any other provision of law, $500,000 shall be awarded to
    the Albert Einstein Medical Center healthcare network in Philadelphia
    for research on post polio syndrome.

               Special Institutions for Persons With Disabilities

                      american printing house for the blind

        For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101
    et seq.), $10,100,000.

                    national technical institute for the deaf

        For the National Technical Institute for the Deaf under titles I and
    II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.),
    $48,151,000, of which $2,651,000 shall be for construction and shall
    remain available until expended: Provided, That from the total amount
    available, the Institute may at its discretion use funds for the
    endowment program as authorized under section 207.

                              gallaudet university

        For the Kendall Demonstration Elementary School, the Model Secondary
    School for the Deaf, and the partial support of Gallaudet University
    under titles I and II of the Education of the Deaf Act of 1986 (20
    U.S.C. 4301 et seq.), $85,980,000, of which $2,500,000 shall be for
    construction and shall remain available until expended: Provided, That
    from the total amount available, the University may at its discretion
    use funds for the endowment program as authorized under section 207.

                         vocational and adult education

        For carrying out, to the extent not otherwise provided, the Carl D.
    Perkins Vocational and Technical Education Act, the Adult Education and
    Family Literacy Act, and title VIII-D of the Higher Education Act of
    1965, as amended, and Public Law 102-73, $1,681,750,000, of which
    $3,500,000 shall remain available until expended, and of which
    $858,150,000 shall become available on July 1, 2000 and shall remain
    available through September 30, 2001 and of which $791,000,000 shall
    become available on October 1, 2000 and shall remain available through
    September 30, 2001: Provided, That of the amounts made available for the
    Carl D. Perkins Vocational and Technical Education Act, $4,600,000 shall
    be for tribally controlled vocational institutions under section 117:
    Provided further, That of the $450,000,000 for Adult Education State
    Grants, 30 percent of the amount exceeding the amount appropriated in
    fiscal year 1999 shall be made available for integrated English literacy
    and civics education services to immigrants and other limited English
    proficient populations: Provided further, That of the amount reserved
    for integrated English literacy and civics education, half shall be
    allocated to the States with the largest absolute need for such services
    and half shall be allocated to the States with the largest recent growth
    in need

    [[Page 113 STAT. 1501A-251]]

    for such services, based on the best available data, notwithstanding
    section 211 of the Adult Education and Family Literacy Act: Provided
    further, That $9,000,000 shall be for carrying out section 118 of such
    act for all activities conducted by and through the National
    Occupational Information Coordinating Committee: Provided further, That
    of the amounts made available for the Adult Education and Family
    Literacy Act, $14,000,000 shall be for national leadership activities
    under section 243 and $6,000,000 shall be for the National Institute for
    Literacy under section 242: Provided further, That $19,000,000 shall be
    for Youth Offender Grants, of which $5,000,000, which shall become
    available on July 1, 2000, and remain available through September 30,
    2001, shall be used in accordance with section 601 of Public Law 102-73
    as that section was in effect prior to the enactment of Public Law 105-
    220.

                          student financial assistance

        For carrying out subparts 1, 3 and 4 of part A, part C and part E of
    title IV of the Higher Education Act of 1965, as amended,
    $9,435,000,000, which shall remain available through September 30, 2001.
        The maximum Pell Grant for which a student shall be eligible during
    award year 2000-2001 shall be $3,300: Provided, That notwithstanding
    section 401(g) of the Act, if the Secretary determines, prior to
    publication of the payment schedule for such award year, that the amount
    included within this appropriation for Pell Grant awards in such award
    year, and any funds available from the fiscal year 1999 appropriation
    for Pell Grant awards, are insufficient to satisfy fully all such awards
    for which students are eligible, as calculated under section 401(b) of
    the Act, the amount paid for each such award shall be reduced by either
    a fixed or variable percentage, or by a fixed dollar amount, as
    determined in accordance with a schedule of reductions established by
    the Secretary for this purpose.
        For an additional amount for ``student financial assistance'' for
    payment of allocations to institutions of higher education for Federal
    Supplemental Educational Opportunity Grants for award years 1999-2000
    and 2000-2001, made under title IV, part A, subpart 3, of the Higher
    Education Act of 1965, as amended, $10,000,000: Provided, That
    notwithstanding any other provision of law, the Secretary of Education
    may waive or modify any statutory or regulatory provision applicable to
    the Federal Supplemental Educational Opportunity Grant program and the
    determination of need for such grants, that the Secretary deems
    necessary to assist individuals who suffered financial harm resulting
    from the hurricanes, and the flooding associated with the hurricanes,
    that struck the eastern United States in August and September 1999, and
    who, at the time of the disaster were residing, attending an institution
    of higher education, or employed within an area affected by such a
    disaster on the date which the President declared the existence of a
    major disaster (or, in the case of an individual who is a dependent
    student, whose parent or stepparent suffered financial harm from such
    disaster, and who resided, or was employed in such an area at that
    time): Provided further, That notwithstanding section 437 of the General
    Education Provisions Act (20 U.S.C. 1232) and section 553 of title 5,
    United States Code, the Secretary shall, by notice in the Federal
    Register, exercise

    [[Page 113 STAT. 1501A-252]]

    this authority, through publication of waivers or modifications of
    statutory and regulatory provisions, as the Secretary deems necessary to
    assist such individuals: Provided further, That notwithstanding section
    413D of the Higher Education Act of 1965, allocations from such
    additional amount shall not be taken into account in determining
    institutional allocations under such section in future years: Provided
    further, That the entire amount made available under this paragraph is
    designated by the Congress as an emergency requirement pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985, and that the entire amount shall be available only
    to the extent an official budget request for the entire amount, that
    includes designation of the entire amount as an emergency requirement
    pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985, is transmitted by the President to the Congress.

                  federal family education loan program account

        For Federal administrative expenses to carry out guaranteed student
    loans authorized by title IV, part B, of the Higher Education Act of
    1965, as amended, $48,000,000.

                                higher education

        For carrying out, to the extent not otherwise provided, section 121
    and titles II, III, IV, V, VI, VII, and VIII of the Higher Education Act
    of 1965, as amended, and the Mutual Educational and Cultural Exchange
    Act of 1961; $1,533,659,000, of which $12,000,000 for interest subsidies
    authorized by section 121 of the Higher Education Act of 1965, shall
    remain available until expended: Provided, That of the funds available
    for part A, subpart 2 of title VII of the Higher Education Act of 1965,
    $10,000,000 shall be available to fund awards for academic year 2000-
    2001, and $10,000,000 to remain available through September 30, 2001,
    shall be available to fund awards for academic year 2001-2002, for
    fellowships under part A, subpart 1 of title VII of said Act, under the
    terms and conditions of part A, subpart 1: Provided further, That
    section 852(b)(1) of the Higher Education Amendments of 1998 is
    amended--
                (1) in the matter preceding subparagraph (A), by striking
            ``14'' and inserting ``16'';
                (2) in subparagraph (E), by striking ``and'' after the
            semicolon;
                (3) in subparagraph (F), by striking the period and
            inserting a semicolon; and
                (4) by adding at the end the following:
                        ``(G) one member shall be appointed by the
                    Chairperson of the Committee on Health, Education,
                    Labor, and Pensions of the Senate from among members of
                    the Senate; and
                        ``(H) one member shall be appointed by the
                    Chairperson of the Committee on Education and the
                    Workforce of the House of Representatives from among
                    members of the House of Representatives.'':

    Provided further, That the matter preceding paragraph (1) of section
    853(b) of the Higher Education Amendments of 1998 is amended by striking
    ``6 months'' and inserting ``12 months'': Provided further, That the
    amounts provided under this heading in division A, section

    [[Page 113 STAT. 1501A-253]]

    101(f ) of Public Law 105-277 for the Web-Based Education Commission,
    authorized by part J of title VIII of the Higher Education Amendments of
    1998, shall remain available through September 30, 2000: Provided
    further, That $3,000,000 is for data collection and evaluation
    activities for programs under the Higher Education Act of 1965,
    including such activities needed to comply with the Government
    Performance and Results Act of 1993: Provided further, That of the funds
    available for title IV, part A, subpart 8 of the Higher Education Act of
    1965 and notwithstanding any other provision of law, $3,000,000 shall be
    awarded to the University of South Florida for a distance learning
    program, $190,000 shall be awarded to the New York Global Communication
    Center in West Islip, New York for a distance learning program,
    $2,000,000 shall be awarded to the Alliance for Technology, Learning and
    Society (ATLAS) at the University of Colorado for technology-enhanced
    learning, $2,500,000 shall be awarded to the Illinois Community College
    Board to develop a systemwide, on-line virtual degree program for the
    community college system in Illinois, and $1,250,000 shall be made
    available to the University of Idaho Interactive Learning Environments
    to develop and improve Internet-based delivery of education programs.

                                howard university

        For partial support of Howard University (20 U.S.C. 121 et seq.),
    $219,444,000, of which not less than $3,530,000 shall be for a matching
    endowment grant pursuant to the Howard University Endowment Act (Public
    Law 98-480) and shall remain available until expended.

              college housing and academic facilities loans program

        For Federal administrative expenses authorized under section 121 of
    the Higher Education Act of 1965, $737,000 to carry out activities
    related to existing facility loans entered into under the Higher
    Education Act of 1965.

      historically black college and university capital financing program
                                     account

        The total amount of bonds insured pursuant to section 344 of title
    III, part D of the Higher Education Act of 1965 shall not exceed
    $357,000,000, and the cost, as defined in section 502 of the
    Congressional Budget Act of 1974, of such bonds shall not exceed zero.
        For administrative expenses to carry out the Historically Black
    College and University Capital Financing Program entered into pursuant
    to title III, part D of the Higher Education Act of 1965, as amended,
    $207,000.

                 education research, statistics, and improvement

        For carrying out activities authorized by the Educational Research,
    Development, Dissemination, and Improvement Act of 1994, including part
    E; the National Education Statistics Act of 1994, including sections 411
    and 412; section 2102 of title II, and parts A, B, and K and section
    10102, section 10105, and 10601 of title X, and part C of title XIII of
    the Elementary and Secondary Education Act of 1965, as amended, and
    title VI of Public Law

    [[Page 113 STAT. 1501A-254]]

    103-227, $596,892,000: Provided, That $50,000,000 shall be available to
    demonstrate effective approaches to comprehensive school reform, to be
    allocated and expended in accordance with the instructions relating to
    this activity in the statement of managers on the conference report
    accompanying Public Law 105-78 and in the statement of the managers on
    the conference report accompanying Public Law 105-277: Provided further,
    That the funds made available for comprehensive school reform shall
    become available on July 1, 2000, and remain available through September
    30, 2001, and in carrying out this initiative, the Secretary and the
    States shall support only approaches that show the most promise of
    enabling children to meet challenging State content standards and
    challenging State student performance standards based on reliable
    research and effective practices, and include an emphasis on basic
    academics and parental involvement: Provided further, That $30,000,000
    of the funds provided for the national education research institutes
    shall be allocated notwithstanding section 912(m)(1)(B-F) and
    subparagraphs (B) and (C) of section 931(c)(2) of Public Law 103-227:
    Provided further, That of the funds appropriated under section 10601 of
    title X of the Elementary and Secondary Education Act of 1965, as
    amended, $1,500,000 shall be used to conduct a violence prevention
    demonstration program: Provided further, That $45,000,000 shall be
    available to support activities under section 10105 of part A of title X
    of the Elementary and Secondary Education Act of 1965, of which up to
    $2,250,000 may be available for evaluation, technical assistance, and
    school networking activities: Provided further, That funds made
    available to local educational agencies under this section shall be used
    only for activities related to establishing smaller learning communities
    in high schools: Provided further, That funds made available for section
    10105 of part A of title X of the Elementary and Secondary Education Act
    of 1965 shall become available on July 1, 2000, and remain available
    through September 30, 2001: Provided further, That of the funds
    available for part A of title X of the Elementary and Secondary
    Education Act of 1965, $10,000,000 shall be awarded to the National
    Constitution Center, established by Public Law 100-433, for exhibition
    design, program planning and operation of the center, $10,000,000 shall
    be provided to continue a demonstration of public school facilities to
    the Iowa Department of Education, $1,000,000 shall be made available to
    the New Mexico Department of Education for school performance
    improvement and drop-out prevention, $300,000 shall be made available to
    Semos Unlimited, Inc., in New Mexico to support bilingual education and
    literacy programs, $700,000 shall be awarded to Loyola University
    Chicago for recruitment and preparation of new teacher candidates for
    employment in rural and inner-city schools, $500,000 shall be awarded to
    Shedd Aquarium/Brookfield Zoo for science education/exposure programs
    for local elementary school students, $3,000,000 shall be awarded to Big
    Brothers/Big Sisters of America to expand school-based mentoring,
    $2,500,000 shall be awarded to the Chicago Public School System to
    support a substance abuse pilot program in conjunction with Elgin and
    East Aurora School Systems, $1,000,000 shall be awarded to the
    University of Virginia Center for Governmental Studies for the Youth
    Leadership Initiative, $800,000 shall be awarded to the Institute for
    Student Achievement at Holmes Middle School and

    [[Page 113 STAT. 1501A-255]]

    Annandale High School in Virginia for academic enrichment programs,
    $100,000 shall be awarded to the Mountain Arts Center for educational
    programming, $1,500,000 shall be awarded to the University of Louisville
    for research in the area of academic readiness, $500,000 shall be
    awarded to the West Ed Regional Educational Laboratory for the 24
    Challenge and Jumping Levels Math Demonstration Project, $1,000,000
    shall be awarded to Central Michigan University for a charter schools
    development and performance institute, $950,000 shall be awarded to the
    Living Science Interactive Learning Model partnership in Indian River,
    Florida for a science education program, $825,000 shall be awarded to
    the North Babylon Community Youth Services for an educational program,
    $1,000,000 shall be awarded to the Los Angeles County Office of
    Education/Educational Telecommunications and Technology for a pilot
    program for teachers, $650,000 shall be awarded to the University of
    Northern Iowa for an institute of technology for inclusive education,
    $500,000 shall be awarded to Youth Crime Watch of America to expand a
    program to prevent crime, drugs and violence in schools, $892,000 shall
    be awarded to Muhlenberg College in Pennsylvania for an environmental
    science program, $560,000 shall be awarded to the Western Suffolk St.
    Johns-LaSalle Academy Science and Technology Mentoring Program,
    $4,000,000 shall be awarded to the National Teaching Academy of Chicago
    for a model teacher recruitment, preparation and professional
    development program, $2,000,000 shall be awarded to the University of
    West Florida for a teacher enhancement program, $1,000,000 shall be
    awarded to Delta State University in Mississippi for innovative teacher
    training, $1,000,000 shall be awarded to the Alaska Humanities Forum,
    Inc., in Anchorage, Alaska, $250,000 shall be awarded to An Achievable
    Dream in Newport News, Virginia to improve academic performance of at-
    risk youths, $250,000 shall be awarded to the Rock School of Ballet in
    Philadelphia, Pennsylvania, to expand its community-outreach programs
    for inner-city children and underprivileged youth in Camden, New Jersey
    and southern New Jersey, $1,000,000 shall be awarded to the University
    of Maryland Center for Quality and Productivity to provide a link for
    the Blue Ribbon Schools, $1,000,000 shall be awarded to the Continuing
    Education Center and Teachers' Institute in South Boston, Virginia to
    promote participation among youth in the United States democratic
    process, $1,000,000 shall be for the National Museum of Women in the
    Arts to expand its ``Discovering Art'' program to elementary and
    secondary schools and other educational organizations, $400,000 shall be
    awarded to the Alaska Department of Education's summer reading program,
    $400,000 shall be awarded to the Partners in Education, Inc., to foster
    successful business-school partnerships, $250,000 shall be for the
    Kodiak Island Borough School District for development of an
    environmental education program, $2,000,000 shall be for the Reach Out
    and Read Program to expand literacy and health awareness for at-risk
    families, $1,000,000 shall be for the Virginia Living Museum in Newport
    News, Virginia for an educational program, $450,000 shall be for the
    Challenger Learning Center in Hardin County, Kentucky for technology
    assistance and teacher training, $250,000 shall be for the Crawford
    County School System in Georgia for technology and curriculum support,
    $500,000 shall be for the Berrien County School System in Georgia for
    technology development, $35,000 shall be for the Louisville Salvation
    Army Boys and Girls Club Diversion

    [[Page 113 STAT. 1501A-256]]

    Enhancement Program, $100,000 shall be awarded to the Philadelphia
    Orchestra's Philly Pops to operate the Jazz in the Schools program in
    the Philadelphia school district, $500,000 for the Mississippi Delta
    Education for a teacher incentive program initiative, $500,000 shall be
    for A Community of Agile Partners in Education and the Pennsylvania
    Telecommunications Exchange Network for a technology resource sharing
    initiative, $500,000 shall be for enhanced teacher training in reading
    in the District of Columbia, $100,000 shall be awarded to the Project
    2000 D.C. mentoring project, and $1,250,000 shall be awarded to Helen
    Keller World Wide to expand the ChildSight vision screening program and
    provide eyeglasses to additional children whose educational performance
    may be hindered by poor vision, $750,000 shall be awarded to the
    Explornet Technology Learning Project in North Carolina, $1,750,000
    shall be awarded to the Connecticut Early Reading Success Institute to
    broaden the training of professionals in best practices in reading
    instruction, $400,000 shall be awarded to the National Academy of
    Recording Artists and Sciences Foundation for the GRAMMY in the Schools
    program to provide music education to high school students, $1,000,000
    shall be awarded to the Rosa and Raymond Parks Institute for Self-
    Development for the Pathways to Freedom program for civil rights
    education for young people and for community learning centers, $500,000
    shall be awarded to the Milton S. Eisenhower Foundation to replicate and
    scientifically evaluate full-service community schools, $500,000 shall
    be awarded to the Henry Abbott Technical High School in Danbury,
    Connecticut for workforce education and training activities, $1,000,000
    shall be awarded to the Educational Performance Foundation, CPI music
    education program called ``From the Top'', $250,000 shall be awarded to
    the Mount Vernon School District in Mount Vernon, New York for the
    Institute of Student Achievement program, $2,000,000 shall be awarded to
    the National Council of La Raza for a project to improve educational
    outcomes and opportunities for Hispanic children, $250,000 shall be
    awarded to the Oakland Unified School District in California for an
    African American Literacy and Culture Project, $300,000 shall be awarded
    to the Vasona Center Youth Science Institute, $750,000 shall be awarded
    to the Life Learning Academy Charter School in San Francisco,
    California, $250,000 shall be awarded to the National Urban Coalition
    Say YES To A Youngster's Future Program to provide math and science
    education, $750,000 shall be awarded to the Wisconsin Academy Staff
    Development Initiative in Chippewa Falls, Wisconsin to provide math,
    science, and technology teacher training, $500,000 shall be awarded to
    the University of Missouri-St. Louis to develop a plan to improve the
    education system in the City of St. Louis, Missouri, $313,000 shall be
    awarded to the City of Houston for the ASPIRE after-school program,
    $900,000 shall be awarded to the Boston Music Education Collaborative
    comprehensive interdisciplinary music program and teacher resource
    center in Boston, Massachusetts, $250,000 shall be awarded to the
    Baltimore Reads after-school tutoring program in Baltimore, Maryland,
    $300,000 shall be awarded to the School of International Training in
    Brattleboro, Vermont to develop an education curriculum addressing child
    labor issues in collaboration with the Brattleboro Union High School,
    $750,000 shall be awarded to the University of Puerto Rico for the
    continuation and expansion of the Hispanic Educational Linkages Program
    in New York City,

    [[Page 113 STAT. 1501A-257]]

    including the South Bronx, New York, $250,000 shall be awarded to the
    Community Service Society of New York for mentoring, tutoring and
    technology activities in New York City public schools, including schools
    in the South Bronx, $250,000 shall be awarded to the Smithsonian
    Institution for a jazz music education program in Washington, D.C.,
    $500,000 shall be awarded to Johnson Elementary School in Cedar Rapids,
    Iowa, to develop an innovative arts education model which could be
    replicated in other schools, $2,000,000 shall be awarded to the Boys and
    Girls Clubs of America for after-school programs, $500,000 shall be for
    the University of New Orleans for a teacher preparation and educational
    technology initiative, and $250,000 shall be for the Florida Department
    of Education for an Internet-based teacher recruitment model, $250,000
    shall be awarded to the Kennedy Center for the Performing Arts for the
    ``Make a Ballet'' arts education program in the New York City area:
    Provided further, That of the funds available for section 10601 of title
    X of such Act, $2,000,000 shall be awarded to the Center for Educational
    Technologies for production and distribution of an effective CD-ROM
    product that would complement the ``We the People: The Citizen and the
    Constitution'' curriculum: Provided further, That, in addition to the
    funds for title VI of Public Law 103-227 and notwithstanding the
    provisions of section 601(c)(1)(C) of that Act, $1,000,000 shall be
    available to the Center for Civic Education to conduct a civic education
    program with Northern Ireland and the Republic of Ireland and,
    consistent with the civics and Government activities authorized in
    section 601(c)(3) of Public Law 103-227, to provide civic education
    assistance to democracies in developing countries. The term ``developing
    countries'' shall have the same meaning as the term ``developing
    country'' in the Education for the Deaf Act.

                             Departmental Management

                             program administration

        For carrying out, to the extent not otherwise provided, the
    Department of Education Organization Act, including rental of conference
    rooms in the District of Columbia and hire of two passenger motor
    vehicles, $383,184,000.

                             office for civil rights

        For expenses necessary for the Office for Civil Rights, as
    authorized by section 203 of the Department of Education Organization
    Act, $71,200,000.

                           office of inspector general

        For expenses necessary for the Office of Inspector General, as
    authorized by section 212 of the Department of Education Organization
    Act, $34,000,000.

                               GENERAL PROVISIONS

        Sec. 301. No funds appropriated in this Act may be used for the
    transportation of students or teachers (or for the purchase of equipment
    for such transportation) in order to overcome racial imbalance in any
    school or school system, or for the transportation of students or
    teachers (or for the purchase of equipment for such

    [[Page 113 STAT. 1501A-258]]

    transportation) in order to carry out a plan of racial desegregation of
    any school or school system.
        Sec. 302. None of the funds contained in this Act shall be used to
    require, directly or indirectly, the transportation of any student to a
    school other than the school which is nearest the student's home, except
    for a student requiring special education, to the school offering such
    special education, in order to comply with title VI of the Civil Rights
    Act of 1964. For the purpose of this section an indirect requirement of
    transportation of students includes the transportation of students to
    carry out a plan involving the reorganization of the grade structure of
    schools, the pairing of schools, or the clustering of schools, or any
    combination of grade restructuring, pairing or clustering. The
    prohibition described in this section does not include the establishment
    of magnet schools.
        Sec. 303. No funds appropriated under this Act may be used to
    prevent the implementation of programs of voluntary prayer and
    meditation in the public schools.

                               (transfer of funds)

        Sec. 304. Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985, as amended) which are appropriated for the Department of Education
    in this Act may be transferred between appropriations, but no such
    appropriation shall be increased by more than 3 percent by any such
    transfer: Provided, That the Appropriations Committees of both Houses of
    Congress are notified at least 15 days in advance of any transfer.
        Sec. 305. (a) From the funds appropriated for payments to local
    educational agencies under section 8003(f ) of the Elementary and
    Secondary Education Act of 1965 (``ESEA'') for fiscal year 2000, the
    Secretary of Education shall distribute supplemental payments for
    certain local educational agencies, as follows:
                (1) First, from the amount of $74,000,000, the Secretary
            shall make supplemental payments to the following agencies under
            section 8003(f ) of ESEA:
                        (A) Local educational agencies that received
                    assistance under section 8003(f ) for fiscal year 1999--
                              (i) in fiscal year 1997 had at least 40
                          percent federally connected children described in
                          section 8003(a)(1) in average daily attendance;
                          and in fiscal year 1997 had a tax rate for general
                          fund purposes which was at least 95 percent of the
                          State average tax rate for general fund purposes;
                          or
                              (ii) whose boundary is coterminous with the
                          boundary of a Federal military installation.
                        (B) Local educational agencies that received
                    assistance under section 8003(f ) for fiscal year 1999;
                    and in fiscal year 1997 had at least 30 percent
                    federally connected children described in section
                    8003(a)(1) in average daily attendance; and in fiscal
                    year 1997 had a tax rate for general fund purposes which
                    was at least 125 percent of the State average tax rate
                    for general fund purposes.
                        (C) Any eligible local educational agency that in
                    fiscal year 1997, which had at least 25,000 children in
                    average daily attendance, at least 50 percent federally
                    connected children described in section 8003(a)(1) in
                    average daily

    [[Page 113 STAT. 1501A-259]]

                    attendance, and at least 6,000 children described in
                    subparagraphs (A) and (B) of section 8003(a)(1) in
                    average daily attendance.
                (2) From the remaining $2,000,000 and any amounts available
            after making payments under paragraph (1), the Secretary shall
            then make supplemental payments to local educational agencies
            that are not described in paragraph (1) of this subsection, but
            that meet the requirements of paragraphs (2) and (4) of section
            8003(f ) of ESEA for fiscal year 2000.
                (3) After making payments to all eligible local educational
            agencies described in paragraph (2) of subsection (a), the
            Secretary shall use any remaining funds from paragraph (2) for
            making payments to the eligible local educational agencies
            described in paragraph (1) of subsection (a) if the amount
            available under paragraph (1) is insufficient to fully fund all
            eligible local educational agencies.
                (4) After making payments to all eligible local educational
            agencies as described in paragraphs 1 through 3, the Secretary
            shall use any remaining funds to increase basic support payments
            under section 8003(b) for fiscal year 2000 for all eligible
            applicants.

        (b) In calculating the amounts of supplemental payments for agencies
    described in subparagraphs (1)(A) and (B) and paragraph (2) of
    subsection (a), the Secretary shall use the formula contained in section
    8003(b)(1)(C) of ESEA, except that--
                (1) eligible local educational agencies may count all
            children described in section 8003(a)(1) in computing the amount
            of those payments;
                (2) maximum payments for any of those agencies that use
            local contribution rates identified in section 8003(b)(1)(C) (i)
            or (ii) shall be computed by using four-fifths instead of one-
            half of those rates;
                (3) the learning opportunity threshold percentage of all
            such agencies under section 8003(b)(2)(B) shall be deemed to be
            100;
                (4) for an eligible local educational agency with 35 percent
            or more of its children in average daily attendance described in
            either subparagraph (D) or (E) of section 8003(a)(1) in fiscal
            year 1997, the weighted student unit figure from its regular
            basic support payment shall be recomputed by using a factor of
            0.55 for such children;
                (5) for an eligible local educational agency with fewer than
            100 children in average daily attendance in fiscal year 1997,
            the weighted student unit figure from its regular basic support
            payment shall be recomputed by multiplying the total number of
            children described in section 8003(a)(1) by a factor of 1.75;
            and
                (6) for an eligible local educational agency whose total
            number of children in average daily attendance in fiscal year
            1997 was at least 100, but fewer than 750, the weighted student
            unit figure from its regular basic support payment shall be
            recomputed by multiplying the total number of children described
            in section 8003(a)(1) by a factor of 1.25.

        (c) For a local educational agency described in subsection (a)(1)(C)
    above, the Secretary shall use the formula contained in section
    8003(b)(1)(C) of ESEA, except that the weighted student

    [[Page 113 STAT. 1501A-260]]

    unit total from its regular basic support payment shall be recomputed by
    using a factor of 1.35 for children described in subparagraphs (A) and
    (B) of section 8003(a)(1) and its learning opportunity threshold
    percentage shall be deemed to be 100.
        (d) For each eligible local educational agency, the calculated
    supplemental section 8003(f ) payment shall be reduced by subtracting
    the agency's fiscal year 2000 section 8003(b) basic support payment.
        (e) If the sums described in subsections (a)(1) and (2) above are
    insufficient to pay in full the calculated supplemental payments for the
    local educational agencies identified in those subsections, the
    Secretary shall ratably reduce the supplemental section 8003(f ) payment
    to each local educational agency.
        Sec. 306. (a) Section 1204(b)(1)(A) of the Elementary and
    Secondary Education Act of 1965 (20 U.S.C. 6364(b)(1)(a)) is amended--
                (1) in clause (iv), by striking ``and'' after the semicolon;
                (2) by striking clause (v) and adding the following:
                ``(v) 50 percent in the fifth, sixth, seventh, and eighth
            such years; and
                ``(vi) 35 percent in any subsequent such year.''.

        (b) Section 1208(b) of the Elementary and Secondary Education Act of
    1965 is amended--
                (1) by striking paragraph (3) and inserting the following:
                ``(3) Continuing eligibility.--In awarding subgrant funds to
            continue a program under this part after the first year, the
            State educational agency shall review the progress of each
            eligible entity in meeting the goals of the program referred to
            in section 1207(c)(1)(A) and shall evaluate the program based on
            the indicators of program quality developed by the State under
            section 1210.''; and
                (2) in paragraph (5)(A), by striking the last sentence.

        Sec. 307. (a) Notwithstanding sections 401( j) and 435(a)(2) of the
    Higher Education Act of 1965 (20 U.S.C. 1070a( j) and 1085(a)(2)) and
    subject to the requirements of subsection (b), the Secretary of
    Education shall--
                (1) recalculate the official fiscal year 1996 cohort default
            rate for Jacksonville College of Jacksonville, Texas, on the
            basis of data corrections confirmed by the Texas Guaranteed
            Student Loan Corporation; and
                (2) restore the eligibility of Jacksonville College to
            participate in the Federal Pell Grant Program for the 1999-2000
            award year and succeeding award years.

        (b) Jacksonville College shall implement a default management plan
    that is satisfactory to the Secretary of Education.
        (c) For purposes of determining its Federal Pell Grant Program
    eligibility, Jacksonville College shall be deemed to have withdrawn from
    the Federal Family Education Loan program as of October 6, 1998.
        Sec. 308. An amount of $14,500,000 from the balances of returned
    reserve funds, formerly held by the Higher Education Assistance
    Foundation, that are currently held in Higher Education Assistance
    Foundation Claims Reserves, Treasury account number 91X6192, and
    $12,000,000 from funds formerly held by the Higher Education Assistance
    Foundation, that are currently held in trust, shall be deposited in the
    general fund of the Treasury.

    [[Page 113 STAT. 1501A-261]]

        Sec. 309. Of the funds provided in title III of this Act, under the
    heading ``Higher Education'', for title VII, part B of the Higher
    Education Act of 1965, $250,000 shall be awarded to the Snelling Center
    for Government at the University of Vermont for a model school program,
    $750,000 shall be awarded to Texas A&M University, Corpus Christi, for
    operation of the Early Childhood Development Center, $1,000,000 shall be
    awarded to Southeast Missouri State University for equipment and
    curriculum development associated with the University's Polytechnic
    Institute, $800,000 shall be awarded to the Washington Virtual Classroom
    Consortium to develop, equip and implement an ecosystem curriculum,
    $500,000 shall be provided to the Puget Sound Center for Technology for
    faculty development activities for the use of technology in the
    classroom, $500,000 shall be awarded to the Center for the Advancement
    of Distance Education in Rural America, $3,000,000, to be available
    until expended, shall be awarded to the University Center of Lake
    County, Illinois and $1,000,000, to be available until expended, shall
    be awarded to the Oregon University System for activities authorized
    under title III, part A, section 311(c)(2), of the Higher Education Act
    of 1965, as amended, $500,000 shall be awarded to Columbia College
    Illinois for a freshman retention program, $1,500,000 shall be awarded
    to the University of Hawaii at Manoa for a Globalization Research
    Center, $2,000,000 shall be awarded to the University of Arkansas at
    Pine Bluff for technology infrastructure, $1,000,000 shall be awarded to
    the I Have a Dream Foundation, $1,000,000 shall be awarded to a
    demonstration program for activities authorized under part G of title
    VIII of the Higher Education Act of 1965, as amended, $3,000,000 shall
    be awarded to the Daniel J. Evans School of Public Policy at the
    University of Washington, $200,000 shall be awarded to North Dakota
    State University for the Career Program for Dislocated Farmers and
    Ranchers, $350,000 shall be awarded to North Dakota State University for
    the Tech-based Industry Traineeship Program, $3,000,000 shall be awarded
    to Washington State University for the Thomas S. Foley Institute to
    support programs in congressional studies, public policy, voter
    education, and to ensure community access and outreach, $200,000 shall
    be awarded to Minot State University for the Rural Communications
    Disabilities Program, $300,000 shall be awarded to Bryant College for
    the Linking International Trade Education Program (LITE), $1,000,000
    shall be awarded to Concord College, West Virginia for a technology
    center to further enhance the technical skills of West Virginia teachers
    and students, $200,000 shall be awarded to Peirce College in
    Philadelphia, Pennsylvania for education and training programs, $250,000
    shall be awarded to the Philadelphia Zoo for educational programs,
    $800,000 shall be awarded to Spelman College in Georgia for educational
    operations, $1,000,000 shall be awarded to the Philadelphia University
    Education Center for technology education, $725,000 shall be awarded to
    Lock Haven University for technology innovations, $250,000 for Middle
    Georgia College for an advanced distributed learning center
    demonstration program, $1,000,000 for the University of the Incarnate
    Word in San Antonio, Texas, to improve teacher capabilities in
    technology, $1,000,000 for Elmira College in New York for a technology
    enhancement initiative, $1,000,000 shall be awarded to the Southeastern
    Pennsylvania Consortium on Higher Education for education programs,
    $400,000

    [[Page 113 STAT. 1501A-262]]

    shall be awarded to Lehigh University Iacocca Institute for educational
    training, $250,000 shall be awarded to Lafayette College for arts
    education, $1,000,000 shall be awarded to Lewis and Clark College for
    the Crime Victims Law Institute, $1,650,000 for Rust College in
    Mississippi for technology infrastructure, $500,000 for the University
    of Notre Dame for a teacher quality initiative, $2,400,000 shall be
    awarded to the Western Governors University for a distance learning
    initiative, $1,000,000 shall be awarded to the Alabama A&M University
    for the development of a research institute, $1,000,000 shall be awarded
    to Tarleton State University in Stephenville, Texas for the Center for
    Astronomy Education and Research summer science programs for students
    and teachers, $1,500,000 shall be awarded to the Great Plains Network at
    Kansas University, $350,000 shall be awarded to the Science Education
    and Literacy Center at Rider University in New Jersey, $1,500,000 shall
    be awarded to the Indiana State University DegreeLink Partnership for a
    distance learning program, $1,000,000 shall be awarded to the Ivy
    Technical State College in Indiana for a machine tool training program,
    $1,250,000 shall be awarded to the Connecticut State University System
    Center for Education Technology Assessment, $400,000 shall be awarded to
    Monmouth University in New Jersey for the 21st Century Science Teachers
    Skills Project, $58,000 shall be awarded to the Black Hawk College
    International Business Education Center in Moline, Illinois for training
    in international economics, $325,000 shall be awarded to the World
    Learning School of International Training in Brattleboro, Vermont for
    the expansion of a language study program, $500,000 shall be awarded to
    the Diablo Valley Community College at Contra-Costa Community College
    District for a model teacher program to foster interest in teaching
    careers among high school and community college students, $1,000,000
    shall be awarded to the Urban College of Boston, Massachusetts, for
    tutoring and mentoring services for educationally disadvantaged
    students, $1,000,000 shall be awarded to the University of Rhode Island
    Center for Environmental Design, Planning, and Policy in Kingston, Rhode
    Island to foster environmental education, $800,000 shall be awarded to
    the Wisconsin Indianhead Technical College at Ashland and Superior to
    provide high technology education and training, $400,000 shall be for an
    award to the University of Wisconsin at Superior for Project SPARKS to
    link faculty with schools in the Superior School District in Wisconsin,
    and $100,000 shall be awarded to the University of Nevada at Las Vegas
    for the Nevada Institute for Children Children's literacy program.
        Sec. 310. (a) From the amount appropriated for title VI of the
    Elementary and Secondary Education Act of 1965 in accordance with this
    section, the Secretary of Education--(1) shall make available a total of
    $6,000,000 to the Secretary of the Interior (on behalf of the Bureau of
    Indian Affairs) and the outlying areas for activities under this
    section; and (2) shall allocate the remainder by providing each State
    the same percentage of that remainder as it received of the funds
    allocated to States under section 307(a)(2) of the Department of
    Education Appropriations Act, 1999.
        (b)(1) Each State that receives funds under this section shall
    distribute 100 percent of such funds to local educational agencies, of
    which--

    [[Page 113 STAT. 1501A-263]]

                (A) 80 percent of such amount shall be allocated to such
            local educational agencies in proportion to the number of
            children, aged 5 to 17, who reside in the school district served
            by such local educational agency from families with incomes
            below the poverty line (as defined by the Office of Management
            and Budget and revised annually in accordance with section
            673(2) of the Community Services Block Grant Act (42 U.S.C.
            9902(2))) applicable to a family of the size involved for the
            most recent fiscal year for which satisfactory data are
            available compared to the number of such individuals who reside
            in the school districts served by all the local educational
            agencies in the State for that fiscal year; and
                (B) 20 percent of such amount shall be allocated to such
            local educational agencies in accordance with the relative
            enrollments of children, aged 5 to 17, in public and private
            nonprofit elementary and secondary schools within the boundaries
            of such agencies.

        (2) Notwithstanding paragraph (1), if the award to a local
    educational agency under this section is less than the starting salary
    for a new fully qualified teacher in that agency who is certified within
    the State (which may include certification through State or local
    alternative routes), has a baccalaureate degree, and demonstrates the
    general knowledge, teaching skills, and subject matter knowledge
    required to teach in his or her content areas, that agency may use funds
    under this section to (A) help pay the salary of a full- or part-time
    teacher hired to reduce class size, which may be in combination with
    other Federal, State, or local funds; or (B) pay for activities
    described in subsection (c)(2)(A)(iii) which may be related to teaching
    in smaller classes.
        (c)(1) The basic purpose and intent of this section is to reduce
    class size with fully qualified teachers. Each local educational agency
    that receives funds under this section shall use such funds to carry out
    effective approaches to reducing class size with fully qualified
    teachers who are certified within the State, including teachers
    certified through State or local alternative routes, and who demonstrate
    competency in the areas in which they teach, to improve educational
    achievement for both regular and special needs children, with particular
    consideration given to reducing class size in the early elementary
    grades for which some research has shown class size reduction is most
    effective.
        (2)(A) Each such local educational agency may use funds under this
    section for
                (i) recruiting (including through the use of signing
            bonuses, and other financial incentives), hiring, and training
            fully qualified regular and special education teachers (which
            may include hiring special education teachers to team-teach with
            regular teachers in classrooms that contain both children with
            disabilities and non-disabled children) and teachers of special-
            needs children, who are certified within the State, including
            teachers certified through State or local alternative routes,
            have a baccalaureate degree and demonstrate the general
            knowledge, teaching skills, and subject matter knowledge
            required to teach in their content areas;
                (ii) testing new teachers for academic content knowledge,
            and to meet State certification requirements that are consistent
            with title II of the Higher Education Act of 1965; and

    [[Page 113 STAT. 1501A-264]]

                (iii) providing professional development (which may include
            such activities as promoting retention and mentoring) to
            teachers, including special education teachers and teachers of
            special-needs children, in order to meet the goal of ensuring
            that all instructional staff have the subject matter knowledge,
            teaching knowledge, and teaching skills necessary to teach
            effectively in the content area or areas in which they provide
            instruction, consistent with title II of the Higher Education
            Act of 1965.

        (B)(i) Except as provided under clause (ii) a local educational
    agency may use not more than a total of 25 percent of the award received
    under this section for activities described in clauses (ii) and (iii) of
    subparagraph (A).
        (ii) A local educational agency in an Ed-Flex Partnership State
    under Public Law 106-25, the Education Flexibility Partnership Act, and
    in which 10 percent or more of teachers in elementary schools as defined
    by section 14101(14) of the Elementary and Secondary Education Act of
    1965 have not met applicable State and local certification requirements
    (including certification through State or local alternative routes), or
    if such requirements have been waived, may apply to the State
    educational agency for a waiver that would permit it to use more than 25
    percent of the funds it receives under this section for activities
    described in subparagraph (A)(iii) for the purpose of helping teachers
    who have not met the certification requirements become certified.
        (iii) If the State educational agency approves the local educational
    agency's application for a waiver under clause (ii), the local
    educational agency may use the funds subject to the waiver for
    activities described in subparagraph (A)(iii) that are needed to ensure
    that at least 90 percent of the teachers in elementary schools are
    certified within the State.
        (C) A local educational agency that has already reduced class size
    in the early grades to 18 or less children (or has already reduced class
    size to a State or local class size reduction goal that was in effect on
    the day before the enactment of the Department of Education
    Appropriations Act, 2000, if that State or local educational agency goal
    is 20 or fewer children) may use funds received under this section--
                (i) to make further class size reductions in grades
            kindergarten through 3;
                (ii) to reduce class size in other grades; or
                (iii) to carry out activities to improve teacher quality,
            including professional development.

        (D) If a local educational agency has already reduced class size in
    the early grades to 18 or fewer children and intends to use funds
    provided under this section to carry out professional development
    activities, including activities to improve teacher quality, then the
    State shall make the award under subsection (b) to the local educational
    agency.
        (3) Each such agency shall use funds under this section only to
    supplement, and not to supplant, State and local funds that, in the
    absence of such funds, would otherwise be spent for activities under
    this section.
        (4) No funds made available under this section may be used to
    increase the salaries or provide benefits, other than participation in
    professional development and enrichment programs, to teachers who are
    not hired under this section. Funds under this section

    [[Page 113 STAT. 1501A-265]]

    may be used to pay the salary of teachers hired under section 307 of the
    Department of Education Appropriations Act, 1999.
        (d)(1) Each State receiving funds under this section shall report on
    activities in the State under this section, consistent with section
    6202(a)(2) of the Elementary and Secondary Education Act of 1965.
        (2) Each State and local educational agency receiving funds under
    this section shall publicly report to parents on its progress in
    reducing class size, increasing the percentage of classes in core
    academic areas taught by fully qualified teachers who are certified
    within the State and demonstrate competency in the content areas in
    which they teach, and on the impact that hiring additional highly
    qualified teachers and reducing class size, has had, if any, on
    increasing student academic achievement.
        (3) Each school receiving funds under this section shall provide to
    parents upon request, the professional qualifications of their child's
    teacher.
        (e) If a local educational agency uses funds made available under
    this section for professional development activities, the agency shall
    ensure for the equitable participation of private nonprofit elementary
    and secondary schools in such activities. Section 6402 of the Elementary
    and Secondary Education Act of 1965 shall not apply to other activities
    under this section.
        (f ) Administrative Expenses.--A local educational agency that
    receives funds under this section may use not more than 3 percent of
    such funds for local administrative costs.
        (g) Request for Funds.--Each local educational agency that desires
    to receive funds under this section shall include in the application
    required under section 6303 of the Elementary and Secondary Education
    Act of 1965 a description of the agency's program to reduce class size
    by hiring additional highly qualified teachers.
        (h) No funds under this section may be used to pay the salary of any
    teacher hired with funds under section 307 of the Department of
    Education Appropriations Act, 1999, unless, by the start of the 2000-
    2001 school year, the teacher is certified within the State (which may
    include certification through State or local alternative routes) and
    demonstrates competency in the subject areas in which he or she teaches.
        (i) Titles III and IV of the Goals 2000: Educate America Act are
    repealed on September 30, 2000.

     limitation on punitive damages awarded against institutions of higher
                                    education

        Sec. 311. Section 5 of the Y2K Act (15 U.S.C. 6604) is amended by
    adding at the end the following:
        ``(d) Institutions of Higher Education.--
                ``(1) In general.--Subject to paragraph (2), punitive
            damages in a Y2K action may not be awarded against an instituion
            of higher education as defined in section 101(a) of the Higher
            Education Act of 1965 (20 U.S.C. 1001(a)).
                ``(2) Exception.--Paragraph (1) shall not apply to an
            institution of higher education if the Y2K failure in the Y2K
            action occurred in a computer-based student financial aid system
            of that institution of higher education, and the institution--
                        ``(A) has not passed Y2K data exchange testing with
                    the Department of Education; or

    [[Page 113 STAT. 1501A-266]]

                        ``(B) is not or was not in the process of performing
                    data exchange testing with the Department of Education
                    at the time the Department terminates such testing.''.

        Sec. 312. Section 4 of P.L. 106-71 is amended by striking subsection
    (c).

    SEC. 313. HOLD HARMLESS.

        (a) Local Contribution Rate.--For purposes of calculating a payment
    under section 8003(b) of the Elementary and Secondary Education Act of
    1965 for fiscal year 1999 or 2000 with respect to any local educational
    agency described in subsection (b), the Secretary of Education shall not
    use a local contribution rate for the fiscal year that is less than the
    local contribution rate used for the local educational agency for fiscal
    year 1998.
        (b) Local Educational Agencies.--A local educational agency referred
    to in subsection (a) is any local educational agency that--
                (1) is eligible to receive a payment under section 8003(b)
            of the Elementary and Secondary Education Act of 1965 for fiscal
            year 1999 or 2000, as the case may be; and
                (2) received a payment under such section for fiscal year
            1998 that was calculated on the basis of a local contribution
            rate based on generally comparable school districts using the
            special additional factors method.

        (c) Effective Date.--This section shall be effective for fiscal
    years 1999 and 2000.

    SEC. 314. VOTER REGISTRATION OF COLLEGE STUDENTS.

        Subparagraph (C) of section 487(a)(23) of the Higher Education Act
    of 1965 (20 U.S.C. 1094(a)(23)) is amended to read as follows:
                        ``(C) This paragraph shall apply to general and
                    special elections for Federal office, as defined in
                    section 301(3) of the Federal Election Campaign Act of
                    1971 (2 U.S.C. 431(3)), and to the elections for
                    Governor or other chief executive within such State).''.

        This title may be cited as the ``Department of Education
    Appropriations Act, 2000''.

                           TITLE IV--RELATED AGENCIES

                          armed forces retirement home

        For expenses necessary for the Armed Forces Retirement Home to
    operate and maintain the United States Soldiers' and Airmen's Home and
    the United States Naval Home, to be paid from funds available in the
    Armed Forces Retirement Home Trust Fund, $68,295,000, of which
    $12,696,000 shall remain available until expended for construction and
    renovation of the physical plants at the United States Soldiers' and
    Airmen's Home and the United States Naval Home: Provided, That,
    notwithstanding any other provision of law, a single contract or related
    contracts for development and construction, to include construction of a
    long-term care facility at the United States Naval Home, may be employed
    which collectively include the full scope of the project: Provided
    further, That the solicitation and contract shall contain the clause
    ``availability of funds'' found at 48 CFR 52.232-18 and 252.232-7007,
    Limitation of Government Obligations.

    [[Page 113 STAT. 1501A-267]]

                 Corporation for National and Community Service

             domestic volunteer service programs, operating expenses

        For expenses necessary for the Corporation for National and
    Community Service to carry out the provisions of the Domestic Volunteer
    Service Act of 1973, as amended, $295,645,000: Provided, That none of
    the funds made available to the Corporation for National and Community
    Service in this Act for activities authorized by part E of title II of
    the Domestic Volunteer Service Act of 1973 shall be used to provide
    stipends to volunteers or volunteer leaders whose incomes exceed the
    income guidelines established for payment of stipends under the Foster
    Grandparent and Senior Companion programs: Provided further, That the
    foregoing proviso shall not apply to the Seniors for Schools program.

                       Corporation for Public Broadcasting

        For payment to the Corporation for Public Broadcasting, as
    authorized by the Communications Act of 1934, an amount which shall be
    available within limitations specified by that Act, for the fiscal year
    2002, $350,000,000: Provided, That no funds made available to the
    Corporation for Public Broadcasting by this Act shall be used to pay for
    receptions, parties, or similar forms of entertainment for Government
    officials or employees: Provided further, That none of the funds
    contained in this paragraph shall be available or used to aid or support
    any program or activity from which any person is excluded, or is denied
    benefits, or is discriminated against, on the basis of race, color,
    national origin, religion, or sex: Provided further, That in addition to
    the amounts provided above, $10,000,000 shall be for digitalization,
    only if specifically authorized by subsequent legislation enacted by
    September 30, 2000.

                   Federal Mediation and Conciliation Service

                              salaries and expenses

        For expenses necessary for the Federal Mediation and Conciliation
    Service to carry out the functions vested in it by the Labor Management
    Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
    passenger motor vehicles; for expenses necessary for the Labor-
    Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
    necessary for the Service to carry out the functions vested in it by the
    Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71),
    $36,834,000, including $1,500,000, to remain available through September
    30, 2001, for activities authorized by the Labor-Management Cooperation
    Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
    3302, fees charged, up to full-cost recovery, for special training
    activities and other conflict resolution services and technical
    assistance, including those provided to foreign governments and
    international organizations, and for arbitration services shall be
    credited to and merged with this account, and shall remain available
    until expended: Provided further, That fees for arbitration services
    shall be available only for education, training, and professional
    development of the agency workforce: Provided further, That the Director
    of the Service is authorized to accept and use on behalf of the United
    States

    [[Page 113 STAT. 1501A-268]]

    gifts of services and real, personal, or other property in the aid of
    any projects or functions within the Director's jurisdiction.

                Federal Mine Safety and Health Review Commission

                              salaries and expenses

        For expenses necessary for the Federal Mine Safety and Health Review
    Commission (30 U.S.C. 801 et seq.), $6,159,000.

                    Institute of Museum and Library Services

              Office of Library Services: Grants and Administration

        For carrying out subtitle B of the Museum and Library Services Act,
    $166,885,000, of which $22,991,000 shall be awarded to national
    leadership projects, notwithstanding any other provision of law:
    Provided, That of the amount provided, $700,000 shall be awarded to the
    Library and Archives of New Hampshire's Political Tradition at the New
    Hampshire State Library, $1,000,000 shall be awarded to the Vermont
    Department of Libraries in Montpelier, Vermont, $750,000 shall be
    awarded to consolidation and preservation of archives and special
    collections at the University of Miami Library in Coral Gables, Florida,
    $1,900,000 shall be awarded to exhibits and library improvements for the
    Mississippi River Museum and Discovery Center in Dubuque, Iowa, $750,000
    shall be awarded to the Alaska Native Heritage Center in Anchorage,
    Alaska, $750,000 shall be awarded to the Peabody-Essex Museum in Salem,
    Massachusetts, $750,000 shall be awarded to the Bishop Museum in Hawaii,
    $200,000 shall be awarded to Oceanside Public Library in California for
    a local cultural heritage project, $1,000,000 shall be awarded to the
    Urban Children's Museum Collaborative to develop and implement pilot
    programs dedicated to serving at-risk children and their families,
    $150,000 shall be awarded to the Troy State University Dothan in Alabama
    for archival of a special collection, $450,000 shall be awarded to
    Chadron State College in Nebraska for the Mari Sandoz Center, $350,000
    shall be awarded to the Alabama A&M University Alabama State Black
    Archives Research Center and Museum, $350,000 shall be awarded to Mystic
    Seaport, the Museum of America and the Sea, in Connecticut to develop an
    educational outreach and informal learning laboratory, $100,000 shall be
    awarded to the Museum for African Art in New York City, New York for
    community programming, $35,000 shall be awarded to the Children's Museum
    of Manhattan in New York City, New York for family programming, $400,000
    shall be awarded to the Full Service Library in Molalla, Oregon for
    technology training and community education programs, $250,000 shall be
    awarded to Temple University Libraries African American library
    digitization initiative, and $1,000,000 shall be awarded to the Natural
    History Museum of Los Angeles County, for a science education program
    that targets a Spanish speaking audience, $1,000,000 for Dakota Wesleyan
    University to support enhanced use of technology in the delivery of
    library services and $500,000 shall be for the Portland State Millar
    Library for technology based information and research networks.

    [[Page 113 STAT. 1501A-269]]

                      Medicare Payment Advisory Commission

                              salaries and expenses

        For expenses necessary to carry out section 1805 of the Social
    Security Act, $7,015,000, to be transferred to this appropriation from
    the Federal Hospital Insurance and the Federal Supplementary Medical
    Insurance Trust Funds.

            National Commission on Libraries and Information Science

                              salaries and expenses

        For necessary expenses for the National Commission on Libraries and
    Information Science, established by the Act of July 20, 1970 (Public Law
    91-345, as amended), $1,300,000.

                         National Council on Disability

                              salaries and expenses

        For expenses necessary for the National Council on Disability as
    authorized by title IV of the Rehabilitation Act of 1973, as amended,
    $2,400,000.

                         National Education Goals Panel

        For expenses necessary for the National Education Goals Panel, as
    authorized by title II, part A of the Goals 2000: Educate America Act,
    $2,250,000.

                         National Labor Relations Board

                              salaries and expenses

        For expenses necessary for the National Labor Relations Board to
    carry out the functions vested in it by the Labor-Management Relations
    Act, 1947, as amended (29 U.S.C. 141-167), and other laws, $206,500,000:
    Provided, That no part of this appropriation shall be available to
    organize or assist in organizing agricultural laborers or used in
    connection with investigations, hearings, directives, or orders
    concerning bargaining units composed of agricultural laborers as
    referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
    and as amended by the Labor-Management Relations Act, 1947, as amended,
    and as defined in section 3(f ) of the Act of June 25, 1938 (29 U.S.C.
    203), and including in said definition employees engaged in the
    maintenance and operation of ditches, canals, reservoirs, and waterways
    when maintained or operated on a mutual, nonprofit basis and at least 95
    percent of the water stored or supplied thereby is used for farming
    purposes.

                            National Mediation Board

                              salaries and expenses

        For expenses necessary to carry out the provisions of the Railway
    Labor Act, as amended (45 U.S.C. 151-188), including emergency boards
    appointed by the President, $9,600,000: Provided, That unobligated
    balances at the end of fiscal year 2000 not needed

    [[Page 113 STAT. 1501A-270]]

    for emergency boards shall remain available for other statutory purposes
    through September 30, 2001.

                Occupational Safety and Health Review Commission

                              salaries and expenses

        For expenses necessary for the Occupational Safety and Health Review
    Commission (29 U.S.C. 661), $8,500,000.

                            Railroad Retirement Board

                         dual benefits payments account

        For payment to the Dual Benefits Payments Account, authorized under
    section 15(d) of the Railroad Retirement Act of 1974, $174,000,000,
    which shall include amounts becoming available in fiscal year 2000
    pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
    an amount, not to exceed 2 percent of the amount provided herein, shall
    be available proportional to the amount by which the product of
    recipients and the average benefit received exceeds $174,000,000:
    Provided, That the total amount provided herein shall be credited in 12
    approximately equal amounts on the first day of each month in the fiscal
    year.

              federal payments to the railroad retirement accounts

        For payment to the accounts established in the Treasury for the
    payment of benefits under the Railroad Retirement Act for interest
    earned on unnegotiated checks, $150,000, to remain available through
    September 30, 2001, which shall be the maximum amount available for
    payment pursuant to section 417 of Public Law 98-76.

                          limitation on administration

        For necessary expenses for the Railroad Retirement Board for
    administration of the Railroad Retirement Act and the Railroad
    Unemployment Insurance Act, $91,000,000, to be derived in such amounts
    as determined by the Board from the railroad retirement accounts and
    from moneys credited to the railroad unemployment insurance
    administration fund.

                  limitation on the office of inspector general

        For expenses necessary for the Office of Inspector General for
    audit, investigatory and review activities, as authorized by the
    Inspector General Act of 1978, as amended, not more than $5,400,000, to
    be derived from the railroad retirement accounts and railroad
    unemployment insurance account: Provided, That none of the funds made
    available in any other paragraph of this Act may be transferred to the
    Office; used to carry out any such transfer; used to provide any office
    space, equipment, office supplies, communications facilities or
    services, maintenance services, or administrative services for the
    Office; used to pay any salary, benefit, or award for any personnel of
    the Office; used to pay any other operating expense of the Office; or
    used to reimburse the Office for any service provided, or expense
    incurred, by the Office.

    [[Page 113 STAT. 1501A-271]]

                         Social Security Administration

                     payments to social security trust funds

        For payment to the Federal Old-Age and Survivors Insurance and the
    Federal Disability Insurance trust funds, as provided under sections
    201(m), 228(g), and 1131(b)(2) of the Social Security Act, $20,764,000.

                    special benefits for disabled coal miners

        For carrying out title IV of the Federal Mine Safety and Health Act
    of 1977, $383,638,000, to remain available until expended.
        For making, after July 31 of the current fiscal year, benefit
    payments to individuals under title IV of the Federal Mine Safety and
    Health Act of 1977, for costs incurred in the current fiscal year, such
    amounts as may be necessary.
        For making benefit payments under title IV of the Federal Mine
    Safety and Health Act of 1977 for the first quarter of fiscal year 2001,
    $124,000,000, to remain available until expended.

                      supplemental security income program

        For carrying out titles XI and XVI of the Social Security Act,
    section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
    amended, and section 405 of Public Law 95-216, including payment to the
    Social Security trust funds for administrative expenses incurred
    pursuant to section 201(g)(1) of the Social Security Act,
    $21,503,085,000, to remain available until expended: Provided, That any
    portion of the funds provided to a State in the current fiscal year and
    not obligated by the State during that year shall be returned to the
    Treasury.
        From funds provided under the previous paragraph, not less than
    $100,000,000 shall be available for payment to the Social Security trust
    funds for administrative expenses for conducting continuing disability
    reviews.
        In addition, $200,000,000, to remain available until September 30,
    2001, for payment to the Social Security trust funds for administrative
    expenses for continuing disability reviews as authorized by section 103
    of Public Law 104-121 and section 10203 of Public Law 105-33. The term
    ``continuing disability reviews'' means reviews and redeterminations as
    defined under section 201(g)(1)(A) of the Social Security Act, as
    amended.
        For making, after June 15 of the current fiscal year, benefit
    payments to individuals under title XVI of the Social Security Act, for
    unanticipated costs incurred for the current fiscal year, such sums as
    may be necessary.
        For making benefit payments under title XVI of the Social Security
    Act for the first quarter of fiscal year 2001, $9,890,000,000, to remain
    available until expended.

                      limitation on administrative expenses

        For necessary expenses, including the hire of two passenger motor
    vehicles, and not to exceed $10,000 for official reception and
    representation expenses, not more than $6,111,871,000 may be expended,
    as authorized by section 201(g)(1) of the Social Security Act, from any
    one or all of the trust funds referred to therein: Provided, That not
    less than $1,800,000 shall be for the Social

    [[Page 113 STAT. 1501A-272]]

    Security Advisory Board: Provided further, That unobligated balances at
    the end of fiscal year 2000 not needed for fiscal year 2000 shall remain
    available until expended to invest in the Social Security Administration
    computing network, including related equipment and non-payroll
    administrative expenses associated solely with this network: Provided
    further, That reimbursement to the trust funds under this heading for
    expenditures for official time for employees of the Social Security
    Administration pursuant to section 7131 of title 5, United States Code,
    and for facilities or support services for labor organizations pursuant
    to policies, regulations, or procedures referred to in section 7135(b)
    of such title shall be made by the Secretary of the Treasury, with
    interest, from amounts in the general fund not otherwise appropriated,
    as soon as possible after such expenditures are made.
        From funds provided under the previous paragraph, notwithstanding
    the provision under this heading in Public Law 105-277 regarding
    unobligated balances at the end of fiscal year 1999 not needed for such
    fiscal year, an amount not to exceed $100,000,000 from such unobligated
    balances shall, in addition to funding already available under this
    heading for fiscal year 2000, be available for necessary expenses.
        From funds provided under the first paragraph, not less than
    $200,000,000 shall be available for conducting continuing disability
    reviews.
        In addition to funding already available under this heading, and
    subject to the same terms and conditions, $405,000,000, to remain
    available until September 30, 2001, for continuing disability reviews as
    authorized by section 103 of Public Law 104-121 and section 10203 of
    Public Law 105-33. The term ``continuing disability reviews'' means
    reviews and redeterminations as defined under section 201(g)(1)(A) of
    the Social Security Act, as amended.
        In addition, $80,000,000 to be derived from administration fees in
    excess of $5.00 per supplementary payment collected pursuant to section
    1616(d) of the Social Security Act or section 212(b)(3) of Public Law
    93-66, which shall remain available until expended. To the extent that
    the amounts collected pursuant to such section 1616(d) or 212(b)(3) in
    fiscal year 2000 exceed $80,000,000, the amounts shall be available in
    fiscal year 2001 only to the extent provided in advance in
    appropriations Acts.
        From amounts previously made available under this heading for a
    state-of-the-art computing network, not to exceed $100,000,000 shall be
    available for necessary expenses under this heading, subject to the same
    terms and conditions.
        From funds provided under the first paragraph, the Commissioner of
    Social Security may direct up to $3,000,000, in addition to funds
    previously appropriated for this purpose, to continue Federal-State
    partnerships which will evaluate means to promote Medicare buy-in
    programs targeted to elderly and disabled individuals under titles XVIII
    and XIX of the Social Security Act.

                           office of inspector general

                          (including transfer of funds)

        For expenses necessary for the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $15,000,000, together with not to exceed

    [[Page 113 STAT. 1501A-273]]

    $51,000,000, to be transferred and expended as authorized by section
    201(g)(1) of the Social Security Act from the Federal Old-Age and
    Survivors Insurance Trust Fund and the Federal Disability Insurance
    Trust Fund.
        In addition, an amount not to exceed 3 percent of the total provided
    in this appropriation may be transferred from the ``Limitation on
    Administrative Expenses'', Social Security Administration, to be merged
    with this account, to be available for the time and purposes for which
    this account is available: Provided, That notice of such transfers shall
    be transmitted promptly to the Committees on Appropriations of the House
    and Senate.

                        United States Institute of Peace

                               operating expenses

        For necessary expenses of the United States Institute of Peace as
    authorized in the United States Institute of Peace Act, $13,000,000.

                           TITLE V--GENERAL PROVISIONS

        Sec. 501. The Secretaries of Labor, Health and Human Services, and
    Education are authorized to transfer unexpended balances of prior
    appropriations to accounts corresponding to current appropriations
    provided in this Act: Provided, That such transferred balances are used
    for the same purpose, and for the same periods of time, for which they
    were originally appropriated.
        Sec. 502. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 503. (a) No part of any appropriation contained in this Act
    shall be used, other than for normal and recognized executive-
    legislative relationships, for publicity or propaganda purposes, for the
    preparation, distribution, or use of any kit, pamphlet, booklet,
    publication, radio, television, or video presentation designed to
    support or defeat legislation pending before the Congress or any State
    legislature, except in presentation to the Congress or any State
    legislature itself.
        (b) No part of any appropriation contained in this Act shall be used
    to pay the salary or expenses of any grant or contract recipient, or
    agent acting for such recipient, related to any activity designed to
    influence legislation or appropriations pending before the Congress or
    any State legislature.
        Sec. 504. The Secretaries of Labor and Education are authorized to
    make available not to exceed $20,000 and $15,000, respectively, from
    funds available for salaries and expenses under titles I and III,
    respectively, for official reception and representation expenses; the
    Director of the Federal Mediation and Conciliation Service is authorized
    to make available for official reception and representation expenses not
    to exceed $2,500 from the funds available for ``Salaries and expenses,
    Federal Mediation and Conciliation Service''; and the Chairman of the
    National Mediation Board is authorized to make available for official
    reception and representation expenses not to exceed $2,500 from funds
    available for ``Salaries and expenses, National Mediation Board''.
        Sec. 505. Notwithstanding any other provision of this Act, no funds
    appropriated under this Act shall be used to carry out

    [[Page 113 STAT. 1501A-274]]

    any program of distributing sterile needles or syringes for the
    hypodermic injection of any illegal drug.
        Sec. 506. (a) Purchase of American-Made Equipment and Products.--It
    is the sense of the Congress that, to the greatest extent practicable,
    all equipment and products purchased with funds made available in this
    Act should be American-made.
        (b) Notice Requirement.--In providing financial assistance to, or
    entering into any contract with, any entity using funds made available
    in this Act, the head of each Federal agency, to the greatest extent
    practicable, shall provide to such entity a notice describing the
    statement made in subsection (a) by the Congress.
        (c) Prohibition of Contracts With Persons Falsely Labeling Products
    as Made in America.--If it has been finally determined by a court or
    Federal agency that any person intentionally affixed a label bearing a
    ``Made in America'' inscription, or any inscription with the same
    meaning, to any product sold in or shipped to the United States that is
    not made in the United States, the person shall be ineligible to receive
    any contract or subcontract made with funds made available in this Act,
    pursuant to the debarment, suspension, and ineligibility procedures
    described in sections 9.400 through 9.409 of title 48, Code of Federal
    Regulations.
        Sec. 507. When issuing statements, press releases, requests for
    proposals, bid solicitations and other documents describing projects or
    programs funded in whole or in part with Federal money, all grantees
    receiving Federal funds included in this Act, including but not limited
    to State and local governments and recipients of Federal research
    grants, shall clearly state: (1) the percentage of the total costs of
    the program or project which will be financed with Federal money; (2)
    the dollar amount of Federal funds for the project or program; and (3)
    percentage and dollar amount of the total costs of the project or
    program that will be financed by non-governmental sources.
        Sec. 508. (a) None of the funds appropriated under this Act, and
    none of the funds in any trust fund to which funds are appropriated
    under this Act, shall be expended for any abortion.
        (b) None of the funds appropriated under this Act, and none of the
    funds in any trust fund to which funds are appropriated under this Act,
    shall be expended for health benefits coverage that includes coverage of
    abortion.
        (c) The term ``health benefits coverage'' means the package of
    services covered by a managed care provider or organization pursuant to
    a contract or other arrangement.
        Sec. 509. (a) The limitations established in the preceding section
    shall not apply to an abortion--
                (1) if the pregnancy is the result of an act of rape or
            incest; or
                (2) in the case where a woman suffers from a physical
            disorder, physical injury, or physical illness, including a
            life-endangering physical condition caused by or arising from
            the pregnancy itself, that would, as certified by a physician,
            place the woman in danger of death unless an abortion is
            performed.

        (b) Nothing in the preceding section shall be construed as
    prohibiting the expenditure by a State, locality, entity, or private
    person of State, local, or private funds (other than a State's or
    locality's contribution of Medicaid matching funds).

    [[Page 113 STAT. 1501A-275]]

        (c) Nothing in the preceding section shall be construed as
    restricting the ability of any managed care provider from offering
    abortion coverage or the ability of a State or locality to contract
    separately with such a provider for such coverage with State funds
    (other than a State's or locality's contribution of Medicaid matching
    funds).
        Sec. 510. (a) None of the funds made available in this Act may be
    used for--
                (1) the creation of a human embryo or embryos for research
            purposes; or
                (2) research in which a human embryo or embryos are
            destroyed, discarded, or knowingly subjected to risk of injury
            or death greater than that allowed for research on fetuses in
            utero under 45 CFR 46.208(a)(2) and section 498(b) of the Public
            Health Service Act (42 U.S.C. 289g(b)).

        (b) For purposes of this section, the term ``human embryo or
    embryos'' includes any organism, not protected as a human subject under
    45 CFR 46 as of the date of the enactment of this Act, that is derived
    by fertilization, parthenogenesis, cloning, or any other means from one
    or more human gametes or human diploid cells.
        Sec. 511. (a) Limitation on Use of Funds for Promotion of
    Legalization of Controlled Substances.--None of the funds made available
    in this Act may be used for any activity that promotes the legalization
    of any drug or other substance included in schedule I of the schedules
    of controlled substances established by section 202 of the Controlled
    Substances Act (21 U.S.C. 812).
        (b) Exceptions.--The limitation in subsection (a) shall not apply
    when there is significant medical evidence of a therapeutic advantage to
    the use of such drug or other substance or that federally sponsored
    clinical trials are being conducted to determine therapeutic advantage.
        Sec. 512. None of the funds made available in this Act may be
    obligated or expended to enter into or renew a contract with an entity
    if--
                (1) such entity is otherwise a contractor with the United
            States and is subject to the requirement in section 4212(d) of
            title 38, United States Code, regarding submission of an annual
            report to the Secretary of Labor concerning employment of
            certain veterans; and
                (2) such entity has not submitted a report as required by
            that section for the most recent year for which such requirement
            was applicable to such entity.

        Sec. 513. Except as otherwise specifically provided by law,
    unobligated balances remaining available at the end of fiscal year 2000
    from appropriations made available for salaries and expenses for fiscal
    year 2000 in this Act, shall remain available through December 31, 2000,
    for each such account for the purposes authorized: Provided, That the
    House and Senate Committees on Appropriations shall be notified at least
    15 days prior to the obligation of such funds.
        Sec. 514. None of the funds made available in this Act may be used
    to promulgate or adopt any final standard under section 1173(b) of the
    Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
    for the assignment of, a unique health identifier for an individual
    (except in an individual's capacity as an employer

    [[Page 113 STAT. 1501A-276]]

    or a health care provider), until legislation is enacted specifically
    approving the standard.
        Sec. 515. Section 520(c)(2)(D) of the Departments of Labor, Health
    and Human Services, and Education, and Related Agencies Appropriations
    Act, 1997, as amended, is further amended by striking ``December 31,
    1997'' and inserting ``March 31, 2000''.
        Sec. 516. The United States-Mexico Border Health Commission Act (22
    U.S.C. 290n et seq.) is amended--
                (1) by striking section 2 and inserting the following:

    ``SEC. 2. APPOINTMENT OF MEMBERS OF BORDER HEALTH COMMISSION.

        ``Not later than 30 days after the date of the enactment of this
    section, the President shall appoint the United States members of the
    United States-Mexico Border Health Commission, and shall attempt to
    conclude an agreement with Mexico providing for the establishment of
    such Commission.''; and
                (2) in section 3--
                        (A) in paragraph (1), by striking the semicolon and
                    inserting ``; and'';
                        (B) in paragraph (2)(B), by striking ``; and'' and
                    inserting a period; and
                        (C) by striking paragraph (3).

        Sec. 517. The applicable time limitations with respect to the giving
    of notice of injury and the filing of a claim for compensation for
    disability or death by an individual under the Federal Employees'
    Compensation Act, as amended, for injuries sustained as a result of the
    person's exposure to a nitrogen or sulfur mustard agent in the
    performance of official duties as an employee at the Department of the
    Army's Edgewood Arsenal before March 20, 1944, shall not begin to run
    until the date of the enactment of this Act.
        Sec. 518. Section 169(d)(2)(B) of Public Law 105-220, the Workforce
    Investment Act of 1998, is amended by striking ``or Alaska Native
    villages or Native groups (as such terms are defined in section 3 of the
    Alaska Native Claims Settlement Act (43 U.S.C. 1602)).'' and inserting
    ``or Alaska Natives.''.

    TITLE VI--EARLY DETECTION, DIAGNOSIS, AND INTERVENTIONS FOR NEWBORNS AND
                            INFANTS WITH HEARING LOSS

        Sec. 601. (a) Definitions.--For the purposes of this section only,
    the following terms in this section are defined as follows:
                (1) Hearing screening.--Newborn and infant hearing screening
            consists of objective physiologic procedures to detect possible
            hearing loss and to identify newborns and infants who, after
            rescreening, require further audiologic and medical evaluations.
                (2) Audiologic evaluation.--Audiologic evaluation consists
            of procedures to assess the status of the auditory system; to
            establish the site of the auditory disorder; the type and degree
            of hearing loss, and the potential effects of hearing loss on
            communication; and to identify appropriate treatment and
            referral options. Referral options should include linkage to
            State IDEA part C coordinating agencies or other appropriate
            agencies, medical evaluation, hearing aid/sensory aid
            assessment, audiologic rehabilitation treatment, national and
            local

    [[Page 113 STAT. 1501A-277]]

            consumer, self-help, parent, and education organizations, and
            other family-centered services.
                (3) Medical evaluation.--Medical evaluation by a physician
            consists of key components including history, examination, and
            medical decision making focused on symptomatic and related body
            systems for the purpose of diagnosing the etiology of hearing
            loss and related physical conditions, and for identifying
            appropriate treatment and referral options.
                (4) Medical intervention.--Medical intervention is the
            process by which a physician provides medical diagnosis and
            direction for medical and/or surgical treatment options of
            hearing loss and/or related medical disorder associated with
            hearing loss.
                (5) Audiologic rehabilitation.--Audiologic rehabilitation
            (intervention) consists of procedures, techniques, and
            technologies to facilitate the receptive and expressive
            communication abilities of a child with hearing loss.
                (6) Early intervention.--Early intervention (e.g.,
            nonmedical) means providing appropriate services for the child
            with hearing loss and ensuring that families of the child are
            provided comprehensive, consumer-oriented information about the
            full range of family support, training, information services,
            communication options and are given the opportunity to consider
            the full range of educational and program placements and options
            for their child.

        (b) Purposes.--The purposes of this section are to clarify the
    authority within the Public Health Service Act to authorize statewide
    newborn and infant hearing screening, evaluation and intervention
    programs and systems, technical assistance, a national applied research
    program, and interagency and private sector collaboration for policy
    development, in order to assist the States in making progress toward the
    following goals:
                (1) All babies born in hospitals in the United States and
            its territories should have a hearing screening before leaving
            the birthing facility. Babies born in other countries and
            residing in the United States via immigration or adoption should
            have a hearing screening as early as possible.
                (2) All babies who are not born in hospitals in the United
            States and its territories should have a hearing screening
            within the first 3 months of life.
                (3) Appropriate audiologic and medical evaluations should be
            conducted by 3 months for all newborns and infants suspected of
            having hearing loss to allow appropriate referral and provisions
            for audiologic rehabilitation, medical and early intervention
            before the age of 6 months.
                (4) All newborn and infant hearing screening programs and
            systems should include a component for audiologic
            rehabilitation, medical and early intervention options that
            ensures linkage to any new and existing statewide systems of
            intervention and rehabilitative services for newborns and
            infants with hearing loss.
                (5) Public policy in regard to newborn and infant hearing
            screening and intervention should be based on applied research
            and the recognition that newborns, infants, toddlers, and
            children who are deaf or hard-of-hearing have unique language,
            learning, and communication needs, and should be the result of
            consultation with pertinent public and private sectors.

    [[Page 113 STAT. 1501A-278]]

        (c) Statewide Newborn and Infant Hearing Screening, Evaluation and
    Intervention Programs and Systems.--Under the existing authority of the
    Public Health Service Act, the Secretary of Health and Human Services
    (in this section referred to as the ``Secretary''), acting through the
    Administrator of the Health Resources and Services Administration, shall
    make awards of grants or cooperative agreements to develop statewide
    newborn and infant hearing screening, evaluation and intervention
    programs and systems for the following purposes:
                (1) To develop and monitor the efficacy of statewide newborn
            and infant hearing screening, evaluation and intervention
            programs and systems. Early intervention includes referral to
            schools and agencies, including community, consumer, and parent-
            based agencies and organizations and other programs mandated by
            part C of the Individuals with Disabilities Education Act, which
            offer programs specifically designed to meet the unique language
            and communication needs of deaf and hard-of-hearing newborns,
            infants, toddlers, and children.
                (2) To collect data on statewide newborn and infant hearing
            screening, evaluation and intervention programs and systems that
            can be used for applied research, program evaluation and policy
            development.

        (d) Technical Assistance, Data Management, and Applied Research.--
                (1) Centers for disease control and prevention.--Under the
            existing authority of the Public Health Service Act, the
            Secretary, acting through the Director of the Centers for
            Disease Control and Prevention, shall make awards of grants or
            cooperative agreements to provide technical assistance to State
            agencies to complement an intramural program and to conduct
            applied research related to newborn and infant hearing
            screening, evaluation and intervention programs and systems. The
            program shall develop standardized procedures for data
            management and program effectiveness and costs, such as--
                        (A) to ensure quality monitoring of newborn and
                    infant hearing loss screening, evaluation, and
                    intervention programs and systems;
                        (B) to provide technical assistance on data
                    collection and management;
                        (C) to study the costs and effectiveness of newborn
                    and infant hearing screening, evaluation and
                    intervention programs and systems conducted by State-
                    based programs in order to answer issues of importance
                    to State and national policymakers;
                        (D) to identify the causes and risk factors for
                    congenital hearing loss;
                        (E) to study the effectiveness of newborn and infant
                    hearing screening, audiologic and medical evaluations
                    and intervention programs and systems by assessing the
                    health, intellectual and social developmental,
                    cognitive, and language status of these children at
                    school age; and
                        (F) to promote the sharing of data regarding early
                    hearing loss with State-based birth defects and
                    developmental disabilities monitoring programs for the
                    purpose of identifying previously unknown causes of
                    hearing loss.
                (2) National institutes of health.--Under the existing
            authority of the Public Health Service Act, the Director of

    [[Page 113 STAT. 1501A-279]]

            the National Institutes of Health, acting through the Director
            of the National Institute on Deafness and Other Communication
            Disorders, shall for purposes of this section, continue a
            program of research and development on the efficacy of new
            screening techniques and technology, including clinical studies
            of screening methods, studies on efficacy of intervention, and
            related research.

        (e) Coordination and Collaboration.--
                (1) In general.--Under the existing authority of the Public
            Health Service Act, in carrying out programs under this section,
            the Administrator of the Health Resources and Services
            Administration, the Director of the Centers for Disease Control
            and Prevention, and the Director of the National Institutes of
            Health shall collaborate and consult with other Federal
            agencies; State and local agencies, including those responsible
            for early intervention services pursuant to title XIX of the
            Social Security Act (Medicaid Early and Periodic Screening,
            Diagnosis and Treatment Program); title XXI of the Social
            Security Act (State Children's Health Insurance Program); title
            V of the Social Security Act (Maternal and Child Health Block
            Grant Program); and part C of the Individuals with Disabilities
            Education Act; consumer groups of and that serve individuals who
            are deaf and hard-of-hearing and their families; appropriate
            national medical and other health and education specialty
            organizations; persons who are deaf and hard-of-hearing and
            their families; other qualified professional personnel who are
            proficient in deaf or hard-of-hearing children's language and
            who possess the specialized knowledge, skills, and attributes
            needed to serve deaf and hard-of-hearing newborns, infants,
            toddlers, children, and their families; third-party payers and
            managed care organizations; and related commercial industries.
                (2) Policy development.--Under the existing authority of the
            Public Health Service Act, the Administrator of the Health
            Resources and Services Administration, the Director of the
            Centers for Disease Control and Prevention, and the Director of
            the National Institutes of Health shall coordinate and
            collaborate on recommendations for policy development at the
            Federal and State levels and with the private sector, including
            consumer, medical and other health and education professional-
            based organizations, with respect to newborn and infant hearing
            screening, evaluation and intervention programs and systems.
                (3) State early detection, diagnosis, and intervention
            programs and systems; data collection.--Under the existing
            authority of the Public Health Service Act, the Administrator of
            the Health Resources and Services Administration and the
            Director of the Centers for Disease Control and Prevention shall
            coordinate and collaborate in assisting States to establish
            newborn and infant hearing screening, evaluation and
            intervention programs and systems under subsection (c) and to
            develop a data collection system under subsection (d).

        (f ) Rule of Construction.--Nothing in this section shall be
    construed to preempt any State law.
        (g) Authorization of Appropriations.--
                (1) Statewide newborn and infant hearing screening,
            evaluation and intervention programs and systems.--For

    [[Page 113 STAT. 1501A-280]]

            the purpose of carrying out subsection (c) under the existing
            authority of the Public Health Service Act, there are authorized
            to the Health Resources and Services Administration
            appropriations in the amount of $5,000,000 for fiscal year 2000,
            $8,000,000 for fiscal year 2001, and such sums as may be
            necessary for fiscal year 2002.
                (2) Technical assistance, data management, and applied
            research; centers for disease control and prevention.--For the
            purpose of carrying out subsection (d)(1) under the existing
            authority of the Public Health Service Act, there are authorized
            to the Centers for Disease Control and Prevention,
            appropriations in the amount of $5,000,000 for fiscal year 2000,
            $7,000,000 for fiscal year 2001, and such sums as may be
            necessary for fiscal year 2002.
                (3) Technical assistance, data management, and applied
            research; national institute on deafness and other communication
            disorders.--For the purpose of carrying out subsection (d)(2)
            under the existing authority of the Public Health Service Act,
            there are authorized to the National Institute on Deafness and
            Other Communication Disorders appropriations for such sums as
            may be necessary for each of the fiscal years 2000 through 2002.

                          TITLE VII--DENALI COMMISSION

        Sec. 701. Denali Commission.--Section 307 of Title III--Denali
    Commission of Division C--Other Matters of Public Law 105-277 is amended
    by adding a new subsection at the end thereof as follows:
        ``(c) Demonstration Health Projects.--In order to demonstrate the
    value of adequate health facilities and services to the economic
    development of the region, the Secretary of Health and Human Services is
    authorized to make grants to the Denali Commission to plan, construct,
    and equip demonstration health, nutrition, and child care projects,
    including hospitals, health care clinics, and mental health facilities
    (including drug and alcohol treatment centers) in accordance with the
    Work Plan referred to under section 304 of Title III--Denali Commission
    of Division C--Other Matters of Public Law 105-277. No grant for
    construction or equipment of a demonstration project shall exceed 50
    percentum of such costs, unless the project is located in a severely
    economically distressed community, as identified in the Work Plan
    referred to under section 304 of Title III--Denali Commission of
    Division C--Other Matters of Public Law 105-277, in which case no grant
    shall exceed 80 percentum of such costs. To carry out this section,
    there is authorized to be appropriated such sums as may be necessary.

        TITLE VIII--WELFARE-TO-WORK AND CHILD SUPPORT AMENDMENTS OF 1999

    SEC. 801. FLEXIBILITY IN ELIGIBILITY FOR PARTICIPATION IN WELFARE-TO-
                WORK PROGRAM.

        (a) In General.--Section 403(a)(5)(C)(ii) of the Social Security Act
    (42 U.S.C. 603(a)(5)(C)(ii)) is amended to read as follows:

    [[Page 113 STAT. 1501A-281]]

                              ``(ii) General eligibility.--An entity that
                          operates a project with funds provided under this
                          paragraph may expend funds provided to the project
                          for the benefit of recipients of assistance under
                          the program funded under this part of the State in
                          which the entity is located who--
                                        ``(I) has received assistance under
                                    the State program funded under this part
                                    (whether in effect before or after the
                                    amendments made by section 103 of the
                                    Personal Responsibility and Work
                                    Opportunity Reconciliation Act of 1996
                                    first apply to the State) for at least
                                    30 months (whether or not consecutive);
                                    or
                                        ``(II) within 12 months, will become
                                    ineligible for assistance under the
                                    State program funded under this part by
                                    reason of a durational limit on such
                                    assistance, without regard to any
                                    exemption provided pursuant to section
                                    408(a)(7)(C) that may apply to the
                                    individual.''.

        (b) Noncustodial Parents.--
                (1) In general.--Section 403(a)(5)(C) of such Act (42 U.S.C.
            603(a)(5)(C)) is amended--
                        (A) by redesignating clauses (iii) through (viii) as
                    clauses (iv) through (ix), respectively; and
                        (B) by inserting after clause (ii) the following:
                              ``(iii) Noncustodial parents.--An entity that
                          operates a project with funds provided under this
                          paragraph may use the funds to provide services in
                          a form described in clause (i) to noncustodial
                          parents with respect to whom the requirements of
                          the following subclauses are met:
                                        ``(I) The noncustodial parent is
                                    unemployed, underemployed, or having
                                    difficulty in paying child support
                                    obligations.
                                        ``(II) At least 1 of the following
                                    applies to a minor child of the
                                    noncustodial parent (with preference in
                                    the determination of the noncustodial
                                    parents to be provided services under
                                    this paragraph to be provided by the
                                    entity to those noncustodial parents
                                    with minor children who meet, or who
                                    have custodial parents who meet, the
                                    requirements of item (aa)):
                                                ``(aa) The minor child or
                                            the custodial parent of the
                                            minor child meets the
                                            requirements of subclause (I) or
                                            (II) of clause (ii).
                                                ``(bb) The minor child is
                                            eligible for, or is receiving,
                                            benefits under the program
                                            funded under this part.
                                                ``(cc) The minor child
                                            received benefits under the
                                            program funded under this part
                                            in the 12-month period preceding
                                            the date of the determination
                                            but no longer receives such
                                            benefits.
                                                ``(dd) The minor child is
                                            eligible for, or is receiving,
                                            assistance under the Food Stamp
                                            Act of 1977, benefits under the
                                            supplemental security income
                                            program under title XVI of

    [[Page 113 STAT. 1501A-282]]

                                            this Act, medical assistance
                                            under title XIX of this Act, or
                                            child health assistance under
                                            title XXI of this Act.
                                        ``(III) In the case of a
                                    noncustodial parent who becomes enrolled
                                    in the project on or after the date of
                                    the enactment of this clause, the
                                    noncustodial parent is in compliance
                                    with the terms of an oral or written
                                    personal responsibility contract entered
                                    into among the noncustodial parent, the
                                    entity, and (unless the entity
                                    demonstrates to the Secretary that the
                                    entity is not capable of coordinating
                                    with such agency) the agency responsible
                                    for administering the State plan under
                                    part D, which was developed taking into
                                    account the employment and child support
                                    status of the noncustodial parent, which
                                    was entered into not later than 30 (or,
                                    at the option of the entity, not later
                                    than 90) days after the noncustodial
                                    parent was enrolled in the project, and
                                    which, at a minimum, includes the
                                    following:
                                                ``(aa) A commitment by the
                                            noncustodial parent to
                                            cooperate, at the earliest
                                            opportunity, in the
                                            establishment of the paternity
                                            of the minor child, through
                                            voluntary acknowledgement or
                                            other procedures, and in the
                                            establishment of a child support
                                            order.
                                                ``(bb) A commitment by the
                                            noncustodial parent to cooperate
                                            in the payment of child support
                                            for the minor child, which may
                                            include a modification of an
                                            existing support order to take
                                            into account the ability of the
                                            noncustodial parent to pay such
                                            support and the participation of
                                            such parent in the project.
                                                ``(cc) A commitment by the
                                            noncustodial parent to
                                            participate in employment or
                                            related activities that will
                                            enable the noncustodial parent
                                            to make regular child support
                                            payments, and if the
                                            noncustodial parent has not
                                            attained 20 years of age, such
                                            related activities may include
                                            completion of high school, a
                                            general equivalency degree, or
                                            other education directly related
                                            to employment.
                                                ``(dd) A description of the
                                            services to be provided under
                                            this paragraph, and a commitment
                                            by the noncustodial parent to
                                            participate in such services,
                                            that are designed to assist the
                                            noncustodial parent obtain and
                                            retain employment, increase
                                            earnings, and enhance the
                                            financial and emotional
                                            contributions to the well-being
                                            of the minor child.
                                    In order to protect custodial parents
                                    and children who may be at risk of
                                    domestic violence, the preceding
                                    provisions of this subclause shall not
                                    be construed to affect any other
                                    provision of law requiring a custodial
                                    parent to cooperate in establishing the
                                    paternity of a child or establishing or
                                    enforcing a support order with respect
                                    to a

    [[Page 113 STAT. 1501A-283]]

                                    child, or entitling a custodial parent
                                    to refuse, for good cause, to provide
                                    such cooperation as a condition of
                                    assistance or benefit under any program,
                                    shall not be construed to require such
                                    cooperation by the custodial parent as a
                                    condition of participation of either
                                    parent in the program authorized under
                                    this paragraph, and shall not be
                                    construed to require a custodial parent
                                    to cooperate with or participate in any
                                    activity under this clause. The entity
                                    operating a project under this clause
                                    with funds provided under this paragraph
                                    shall consult with domestic violence
                                    prevention and intervention
                                    organizations in the development of the
                                    project.''.
                (2) Conforming amendment.--Section 412(a)(3)(C)(ii) of such
            Act (42 U.S.C. 612(a)(3)(C)(ii)) is amended by striking
            ``(vii)'' and inserting ``(viii)''.

        (c) Recipients With Characteristics of Long-Term Dependency;
    Children Aging Out of Foster Care.--
                (1) In general.--Section 403(a)(5)(C)(iv) of such Act (42
            U.S.C. 603(a)(5)(C)(iv)), as so redesignated by subsection
            (b)(1)(A) of this section, is amended--
                        (A) by striking ``or'' at the end of subclause (I);
                    and
                        (B) by striking subclause (II) and inserting the
                    following:
                                        ``(II) to children--
                                                ``(aa) who have attained 18
                                            years of age but not 25 years of
                                            age; and
                                                ``(bb) who, before attaining
                                            18 years of age, were recipients
                                            of foster care maintenance
                                            payments (as defined in section
                                            475(4)) under part E or were in
                                            foster care under the
                                            responsibility of a State;
                                        ``(III) to recipients of assistance
                                    under the State program funded under
                                    this part, determined to have
                                    significant barriers to self-
                                    sufficiency, pursuant to criteria
                                    established by the local private
                                    industry council; or
                                        ``(IV) to custodial parents with
                                    incomes below 100 percent of the poverty
                                    line (as defined in section 673(2) of
                                    the Omnibus Budget Reconciliation Act of
                                    1981, including any revision required by
                                    such section, applicable to a family of
                                    the size involved).''.
                (2) Conforming amendments.--Section 403(a)(5)(C)(iv) of such
            Act (42 U.S.C. 603(a)(5)(C)(iv)), as so redesignated by
            subsection (b)(1)(A) of this section, is amended--
                        (A) in the heading by inserting ``hard to employ''
                    before ``individuals''; and
                        (B) in the last sentence by striking ``clause (ii)''
                    and inserting ``clauses (ii) and (iii) and, as
                    appropriate, clause (v)''.

        (d) Conforming Amendment.--Section 404(k)(1)(C)(iii) of such Act (42
    U.S.C. 604(k)(1)(C)(iii)) is amended by striking ``item (aa) or (bb) of
    section 403(a)(5)(C)(ii)(II)'' and inserting ``section
    403(a)(5)(C)(iii)''.
        (e) Effective Date.--The amendments made by this section--

    [[Page 113 STAT. 1501A-284]]

                (1) shall be effective January 1, 2000, with respect to the
            determination of eligible individuals for purposes of section
            403(a)(5)(B) of the Social Security Act (relating to competitive
            grants);
                (2) shall be effective July 1, 2000, except that
            expenditures from allotments to the States shall not be made
            before October 1, 2000--
                        (A) with respect to the determination of eligible
                    individuals for purposes of section 403(a)(5)(A) of the
                    Social Security Act (relating to formula grants) in the
                    case of those individuals who may be determined to be so
                    eligible, but would not have been eligible before July
                    1, 2000; or
                        (B) for allowable activities described in section
                    403(a)(5)(C)(i)(VII) of the Social Security Act (as
                    added by section 802 of this title) provided to any
                    individuals determined to be eligible for purposes of
                    section 403(a)(5)(A) of the Social Security Act
                    (relating to formula grants).

        (f) Regulations.--Interim final regulations shall be prescribed to
    implement the amendments made by this section not later than January 1,
    2000. Final regulations shall be prescribed within 90 days after the
    date of the enactment of this Act to implement the amendments made by
    this Act to section 403(a)(5) of the Social Security Act, in the same
    manner as described in section 403(a)(5)(C)(ix) of the Social Security
    Act (as so redesignated by subsection (b)(1)(A) of this section).

    SEC. 802. LIMITED VOCATIONAL EDUCATIONAL AND JOB TRAINING INCLUDED AS
                ALLOWABLE ACTIVITIES UNDER THE TANF PROGRAM.

        Section 403(a)(5)(C)(i) of the Social Security Act (42 U.S.C.
    603(a)(5)(C)(i)) is amended by inserting after subclause (VI) the
    following:
                                        ``(VII) Not more than 6 months of
                                    vocational educational or job
                                    training.''.

    SEC. 803. CERTAIN GRANTEES AUTHORIZED TO PROVIDE EMPLOYMENT SERVICES
                DIRECTLY.

        Section 403(a)(5)(C)(i)(IV) of the Social Security Act (42 U.S.C.
    603(a)(5)(C)(i)(IV)) is amended by inserting ``, or if the entity is not
    a private industry council or workforce investment board, the direct
    provision of such services'' before the period.

    SEC. 804. SIMPLIFICATION AND COORDINATION OF REPORTING REQUIREMENTS.

        (a) Elimination of Current Requirements.--Section 411(a)(1)(A) of
    the Social Security Act (42 U.S.C. 611(a)(1)(A)) is amended--
                (1) in the matter preceding clause (i), by inserting
            ``(except for information relating to activities carried out
            under section 403(a)(5))'' after ``part''; and
                (2) by striking clause (xviii).

        (b) Establishment of Reporting Requirement.--Section 403(a)(5)(C) of
    the Social Security Act (42 U.S.C. 603(a)(5)(C)), as amended by section
    801(b)(1) of this title, is amended by adding at the end the following:
                              ``(x) Reporting requirements.--The Secretary
                          of Labor, in consultation with the Secretary of
                          Health and Human Services, States, and
                          organizations that

    [[Page 113 STAT. 1501A-285]]

                          represent State or local governments, shall
                          establish requirements for the collection and
                          maintenance of financial and participant
                          information and the reporting of such information
                          by entities carrying out activities under this
                          paragraph.''.

    SEC. 805. USE OF STATE INFORMATION TO AID ADMINISTRATION OF WELFARE-TO-
                WORK GRANT FUNDS.

        (a) Authority of State Agencies to Disclose to Private Industry
    Councils the Names, Addressess, and Telephone Numbers of Potential
    Welfare-to-Work Program Participants.--
                (1) State iv-d agencies.--Section 454A(f) of the Social
            Security Act (42 U.S.C. 654a(f)) is amended by adding at the end
            the following:
                ``(5) Private industry councils receiving welfare-to-work
            grants.--Disclosing to a private industry council (as defined in
            section 403(a)(5)(D)(ii)) to which funds are provided under
            section 403(a)(5) the names, addresses, telephone numbers, and
            identifying case number information in the State program funded
            under part A, of noncustodial parents residing in the service
            delivery area of the private industry council, for the purpose
            of identifying and contacting noncustodial parents regarding
            participation in the program under section 403(a)(5).''.
                (2) State tanf agencies.--Section 403(a)(5) of such Act (42
            U.S.C. 603(a)(5)) is amended by adding at the end the following:
                        ``(K) Information disclosure.--If a State to which a
                    grant is made under section 403 establishes safeguards
                    against the use or disclosure of information about
                    applicants or recipients of assistance under the State
                    program funded under this part, the safeguards shall not
                    prevent the State agency administering the program from
                    furnishing to a private industry council the names,
                    addresses, telephone numbers, and identifying case
                    number information in the State program funded under
                    this part, of noncustodial parents residing in the
                    service delivery area of the private industry council,
                    for the purpose of identifying and contacting
                    noncustodial parents regarding participation in the
                    program under this paragraph.''.

        (b) Safeguarding of Information Disclosed to Private Industry
    Councils.--Section 403(a)(5)(A)(ii)(I) of such Act (42 U.S.C.
    603(a)(5)(A)(ii)(I)) is amended--
                (1) by striking ``and'' at the end of item (dd);
                (2) by striking the period at the end of item (ee) and
            inserting ``; and''; and
                (3) by adding at the end the following:
                                                ``(ff) describes how the
                                            State will ensure that a private
                                            industry council to which
                                            information is disclosed
                                            pursuant to section 403(a)(5)(K)
                                            or 454A(f)(5) has procedures for
                                            safeguarding the information and
                                            for ensuring that the
                                            information is used solely for
                                            the purpose described in that
                                            section.''.

    [[Page 113 STAT. 1501A-286]]

    SEC. 806. REDUCTION OF SET-ASIDE OF PORTION OF WELFARE-TO-WORK FUNDS FOR
                SUCCESSFUL PERFORMANCE BONUS.

        (a) In General.--Section 403(a)(5)(E) of the Social Security Act (42
    U.S.C. 603(a)(5)(E)) is amended in each of clauses (iv) and (vi) by
    striking ``$100,000,000'' and inserting ``$50,000,000''.
        (b) Conforming Amendments.--
                (1) Section 403(a)(5)(F) of such Act (42 U.S.C.
            603(a)(5)(F)) is amended by inserting ``$1,500,000'' before ``of
            the amount so specified''.
                (2) Section 403(a)(5)(G) of such Act (42 U.S.C.
            603(a)(5)(G)) is amended by inserting ``$900,000'' before ``of
            the amount so specified''.
                (3) Section 403(a)(5)(H) of such Act (42 U.S.C.
            603(a)(5)(H)) is amended by inserting ``$300,000'' before ``of
            the amount so specified''.
                (4) Section 403(a)(5)(I)(i) of such Act (42 U.S.C.
            603(a)(5)(I)(i)) is amended by striking ``$1,500,000,000'' and
            all that follows and inserting ``for grants under this
            paragraph--
                                        ``(I) $1,500,000,000 for fiscal year
                                    1998; and
                                        ``(II) $1,450,000,000 for fiscal
                                    year 1999.''.

        (c) No Outlay Until FY2001.--Section 403(a)(5)(E)(i) of such Act (42
    U.S.C. 603(a)(5)(E)(i)) is amended--
                (1) by striking ``make'' and insert ``award''; and
                (2) by inserting ``, but shall not make any outlay to pay
            any such grant before October 1, 2000'' before the period.

    SEC. 807. ALTERNATIVE PENALTY PROCEDURE RELATING TO STATE DISBURSEMENT
                UNITS.

        (a) In General.--Section 455(a) of the Social Security Act (42
    U.S.C. 655(a)) is amended by adding at the end the following:
        ``(5)(A)(i) If--
                ``(I) the Secretary determines that a State plan under
            section 454 would (in the absence of this paragraph) be
            disapproved for the failure of the State to comply with
            subparagraphs (A) and (B)(i) of section 454(27), and that the
            State has made and is continuing to make a good faith effort to
            so comply; and
                ``(II) the State has submitted to the Secretary, not later
            than April 1, 2000, a corrective compliance plan that describes
            how, by when, and at what cost the State will achieve such
            compliance, which has been approved by the Secretary,

    then the Secretary shall not disapprove the State plan under section
    454, and the Secretary shall reduce the amount otherwise payable to the
    State under paragraph (1)(A) of this subsection for the fiscal year by
    the penalty amount.
        ``(ii) All failures of a State during a fiscal year to comply with
    any of the requirements of section 454B shall be considered a single
    failure of the State to comply with subparagraphs (A) and (B)(i) of
    section 454(27) during the fiscal year for purposes of this paragraph.
        ``(B) In this paragraph:
                ``(i) The term `penalty amount' means, with respect to a
            failure of a State to comply with subparagraphs (A) and (B)(i)
            of section 454(27)--
                        ``(I) 4 percent of the penalty base, in the case of
                    the 1st fiscal year in which such a failure by the State
                    occurs (regardless of whether a penalty is imposed in
                    that fiscal

    [[Page 113 STAT. 1501A-287]]

                    year under this paragraph with respect to the failure),
                    except as provided in subparagraph (C)(ii) of this
                    paragraph;
                        ``(II) 8 percent of the penalty base, in the case of
                    the 2nd such fiscal year;
                        ``(III) 16 percent of the penalty base, in the case
                    of the 3rd such fiscal year;
                        ``(IV) 25 percent of the penalty base, in the case
                    of the 4th such fiscal year; or
                        ``(V) 30 percent of the penalty base, in the case of
                    the 5th or any subsequent such fiscal year.
                ``(ii) The term `penalty base' means, with respect to a
            failure of a State to comply with subparagraphs (A) and (B)(i)
            of section 454(27) during a fiscal year, the amount otherwise
            payable to the State under paragraph (1)(A) of this subsection
            for the preceding fiscal year.

        ``(C)(i) The Secretary shall waive all penalties imposed against a
    State under this paragraph for any failure of the State to comply with
    subparagraphs (A) and (B)(i) of section 454(27) if the Secretary
    determines that, before April 1, 2000, the State has achieved such
    compliance.
        ``(ii) If a State with respect to which a reduction is required to
    be made under this paragraph with respect to a failure to comply with
    subparagraphs (A) and (B)(i) of section 454(27) achieves such compliance
    on or after April 1, 2000, and on or before September 30, 2000, then the
    penalty amount applicable to the State shall be 1 percent of the penalty
    base with respect to the failure involved.
        ``(D) The Secretary may not impose a penalty under this paragraph
    against a State for a fiscal year for which the amount otherwise payable
    to the State under paragraph (1)(A) of this subsection is reduced under
    paragraph (4) of this subsection for failure to comply with section
    454(24)(A).''.
        (b) Inapplicability of Penalty Under TANF Program.--Section
    409(a)(8)(A)(i)(III) of such Act (42 U.S.C. 609(a)(8)(A)(i)(III)) is
    amended by striking ``section 454(24)'' and inserting ``paragraph (24),
    or subparagraph (A) or (B)(i) of paragraph (27), of section 454''.
        (c) Effective Date.--The amendments made by this section shall take
    effect on October 1, 1999.
        This Act may be cited as the ``Departments of Labor, Health, and
    Human Services, and Education, and Related Agencies Appropriations Act,
    2000''.

    [[Page 113 STAT. 1501A-289]]

                              APPENDIX E--H.R. 3425

    That the following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 2000, and for other purposes, namely:

                 TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

                                    CHAPTER 1

                            DEPARTMENT OF AGRICULTURE

                               Farm Service Agency

               agricultural credit insurance fund program account

        For additional gross obligations for the principal amount of direct
    and guaranteed loans as authorized by 7 U.S.C. 1928-1929, to be
    available from funds in the Agricultural Credit Insurance Fund to meet
    the needs resulting from natural disasters, as follows: farm ownership
    loans, $590,578,000, of which $568,627,000 shall be for guaranteed
    loans; operating loans, $1,404,716,000, of which $302,158,000 shall be
    for unsubsidized guaranteed loans and $702,558,000 shall be for
    subsidized guaranteed loans; and for emergency loans, $547,000,000.
        For the additional cost of direct and guaranteed loans to meet the
    needs resulting from natural disasters, including the cost of modifying
    loans as defined in section 502 of the Congressional Budget Act of 1974,
    to remain available until expended, as follows: farm ownership loans,
    $4,012,000, of which $3,184,000 shall be for guaranteed loans; operating
    loans, $89,596,000, of which $4,260,000 shall be for unsubsidized
    guaranteed loans and $61,895,000 shall be for subsidized guaranteed
    loans; and for emergency loans, $84,949,000.

                         emergency conservation program

        For an additional amount for the ``Emergency Conservation Program''
    for expenses resulting from natural disasters, $50,000,000, to remain
    available until expended.

                        Commodity Credit Corporation Fund

                              crop loss assistance

        For an additional amount for crop loss assistance authorized by
    section 801 of Public Law 106-78, $186,000,000: Provided, That this
    assistance shall be under the same terms and conditions as in section
    801 of Public Law 106-78.

    [[Page 113 STAT. 1501A-290]]

                            specialty crop assistance

        For an additional amount for specialty crop assistance authorized by
    section 803(c)(1) of Public Law 106-78, $2,800,000: Provided, That the
    definition of eligible persons in section 803(c)(2) of Public Law 106-78
    shall include producers who have suffered quality or quantity losses due
    to natural disasters on crops harvested and placed in a warehouse and
    not sold.

                              livestock assistance

        For an additional amount for livestock assistance authorized by
    section 805 of Public Law 106-78, $10,000,000: Provided, That the
    Secretary of Agriculture may use this additional amount to provide
    assistance to persons who raise livestock owned by other persons for
    income losses sustained with respect to livestock during 1999 if the
    Secretary finds that such losses are the result of natural disasters.

                     Natural Resources Conservation Service

                    watershed and flood prevention operations

        For an additional amount for ``Watershed and Flood Prevention
    Operations'' to repair damages to the waterways and watersheds resulting
    from natural disasters, $80,000,000, to remain available until expended.

                              Rural Housing Service

                  rural housing insurance fund program account

        For additional gross obligations for the principal amount of direct
    loans as authorized by title V of the Housing Act of 1949, to be
    available from funds in the rural housing insurance fund to meet the
    needs resulting from natural disasters, as follows: $50,000,000 for
    loans to section 502 borrowers, as determined by the Secretary;
    $15,000,000 for section 504 housing repair loans; and $5,000,000 for
    section 514 farm labor housing.
        For the additional cost of direct loans to meet the needs resulting
    from natural disasters, including the cost of modifying loans, as
    defined in section 502 of the Congressional Budget Act of 1974, to
    remain available until expended, as follows: section 502 loans,
    $4,265,000; section 504 loans, $4,584,000; and section 514 farm labor
    housing, $2,250,000.

                         rural housing assistance grants

        For the additional cost of grants and contracts for domestic farm
    labor and very low-income housing repair made available by the Rural
    Housing Service, as authorized by 42 U.S.C. 1474 and 1486, to meet the
    needs resulting from natural disasters, $14,500,000, to remain available
    until expended.

                        GENERAL PROVISIONS--THIS CHAPTER

        Sec. 101. Notwithstanding section 196 of the Agricultural Market
    Transition Act (7 U.S.C. 7333), the Secretary of Agriculture shall
    provide up to $20,000,000 in assistance under the noninsured

    [[Page 113 STAT. 1501A-291]]

    crop assistance program under that section, without any requirement for
    an area loss, to producers located in a county with respect to which a
    natural disaster was declared by the Secretary, or a major disaster or
    emergency was declared by the President under the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
        Sec. 102. Section 814 of Public Law 106-78 is amended by inserting
    the following after ``year'': ``(and 2001 crop year for citrus fruit,
    avocados in California, and macadamia nuts)''.
        Sec. 103. Of the funds made available under section 802 of Public
    Law 106-78 not otherwise needed to fully implement that section, the
    Secretary of Agriculture may use up to $4,700,000 to carry out title IX
    of Public Law 106-78.
        Sec. 104. (a) Of the funds made available under section 802 of
    Public Law 106-78 (excluding any funds authorized by this Act to carry
    out title IX of Public Law 106-78) and under section 1111 of Public Law
    105-277 not otherwise needed to fully implement those sections, the
    Secretary of Agriculture may provide assistance to producers or first-
    handlers for the 1999 crop of cottonseed.
        (b) Of the funds made available under section 802 of Public Law 106-
    78 and section 1111 of Public Law 105-277 not otherwise needed to fully
    implement those sections (excluding any funds authorized by this Act to
    carry out title IX and to provide assistance to producers or first-
    handlers for the 1999 crop of cottonseed under subsection (a) of this
    section), the Secretary may provide funds to carry out subsection (c) of
    this section.
        (c) The Agricultural Market Transition Act is amended by inserting
    after section 136 (7 U.S.C. 7236), the following new section:

    ``SEC. 136A. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA LONG STAPLE
                COTTON.

        ``(a) Competitiveness Program.--Notwithstanding any other provision
    of law, during the period beginning on October 1, 1999, and ending on
    July 31, 2003, the Secretary shall carry out a program to maintain and
    expand the domestic use of extra long staple cotton produced in the
    United States, to increase exports of extra long staple cotton produced
    in the United States, and to ensure that extra long staple cotton
    produced in the United States remains competitive in world markets.
        ``(b) Payments Under Program; Trigger.--Under the program, the
    Secretary shall make payments available under this section whenever--
                ``(1) for a consecutive 4-week period, the world market
            price for the lowest priced competing growth of extra long
            staple cotton (adjusted to United States quality and location
            and for other factors affecting the competitiveness of such
            cotton), as determined by the Secretary, is below the prevailing
            United States price for a competing growth of extra long staple
            cotton; and
                ``(2) the lowest priced competing growth of extra long
            staple cotton (adjusted to United States quality and location
            and for other factors affecting the competitiveness of such
            cotton), as determined by the Secretary, is less than 134
            percent of the loan rate for extra long staple cotton.

        ``(c) Eligible Recipients.--The Secretary shall make payments
    available under this section to domestic users of extra long staple

    [[Page 113 STAT. 1501A-292]]

    cotton produced in the United States and exporters of extra long staple
    cotton produced in the United States who enter into an agreement with
    the Commodity Credit Corporation to participate in the program under
    this section.
        ``(d) Payment Amount.--Payments under this section shall be based on
    the amount of the difference in the prices referred to in subsection
    (b)(1) during the fourth week of the consecutive 4-week period
    multiplied by the amount of documented purchases by domestic users and
    sales for export by exporters made in the week following such a
    consecutive 4-week period.
        ``(e) Form of Payment.--Payments under this section shall be made
    through the issuance of cash or marketing certificates, at the option of
    eligible recipients of the payments.''.
        Sec. 105. The entire amount necessary to carry out this chapter and
    the amendments made by this chapter shall be available only to the
    extent that an official budget request for the entire amount, that
    includes designation of the entire amount of the request as an emergency
    requirement as defined in the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended, is transmitted by the President to the
    Congress: Provided, That the entire amount is designated by the Congress
    as an emergency requirement pursuant to section 251(b)(2)(A) of such
    Act.

                                    CHAPTER 2

               FEDERAL EMERGENCY MANAGEMENT AGENCY DISASTER RELIEF

        Of the unobligated balances made available under the second
    paragraph under the heading ``Federal Emergency Management Agency,
    Disaster Relief'' in Public Law 106-74, in addition to other amounts
    made available, up to $215,000,000 may be used by the Director of the
    Federal Emergency Management Agency for the buyout of homeowners (or the
    relocation of structures) for principal residences that have been made
    uninhabitable by flooding caused by Hurricane Floyd and surrounding
    events and are located in a 100-year floodplain: Provided, That no
    homeowner may receive any assistance for buyouts in excess of the fair
    market value of the residence on September 1, 1999 (reduced by any
    proceeds from insurance or any other source paid or owed as a result of
    the flood damage to the residence): Provided further, That each State
    shall ensure that there is a contribution from non-Federal sources of
    not less than 25 percent in matching funds (other than administrative
    costs) for any funds allocated to the State for buyout assistance:
    Provided further, That all buyouts under this section shall be subject
    to the terms and conditions specified under 42 U.S.C. 5170c(b)(2)(B):
    Provided further, That none of the funds made available for buyouts
    under this paragraph may be used in any calculation of a State's section
    404 allocation: Provided further, That the Director shall report
    quarterly to the House and Senate Committees on Appropriations on the
    use of all funds allocated under this paragraph and certify that the use
    of all funds are consistent with all applicable laws and requirements:
    Provided further, That the Inspector General for the Federal Emergency
    Management Agency shall establish a task force to review all uses of
    funds allocated under this paragraph to ensure compliance with all
    applicable laws and requirements: Provided further, That no funds

    [[Page 113 STAT. 1501A-293]]

    shall be allocated for buyouts under this paragraph except in accordance
    with regulations promulgated by the Director: Provided further, That the
    Director shall promulgate regulations not later than December 31, 1999,
    pertaining to the buyout program which shall include eligibility
    criteria, procedures for prioritizing projects, requirements for the
    submission of State and local buyout plans, an identification of the
    Federal Emergency Management Agency's oversight responsibilities,
    procedures for cost-benefit analysis, and the process for measuring
    program results: Provided further, That the Director shall report to
    Congress not later than December 31, 1999, on the feasibility and
    justification of reducing buyout assistance to those who fail to
    purchase and maintain flood insurance: Provided further, That the entire
    amount shall be available only to the extent an official budget request,
    that includes designation of the entire amount of the request as an
    emergency requirement as defined by the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended, is transmitted by the President
    to the Congress: Provided further, That the entire amount is designated
    by the Congress as an emergency requirement pursuant to section
    251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of
    1985, as amended.

                     TITLE II--OTHER APPROPRIATIONS MATTERS

        Sec. 201. Section 733 of Public Law 106-78 is amended by striking
    after ``Missouri'' ``, or the Food and Drug Administration Detroit,
    Michigan, District Office Laboratory; or to reduce the Detroit,
    Michigan, Food and Drug Administration District Office below the
    operating and full-time equivalent staffing level of July 31, 1999; or
    to change the Detroit District Office to a station, residence post or
    similarly modified office; or to reassign residence posts assigned to
    the Detroit District Office''.
        Sec. 202. None of the funds made available to the Food and Drug
    Administration by Public Law 106-78 or any other Act for fiscal year
    2000 shall be used to reduce the Detroit, Michigan, Food and Drug
    Administration District Office below the operating and full-time
    equivalent staffing level of July 31, 1999; or to change the Detroit
    District Office to a station, residence post or similarly modified
    office; or to reassign residence posts assigned to the Detroit District
    Office: Provided, That this section shall not apply to Food and Drug
    Administration field laboratory facilities or operations currently
    located in Detroit, Michigan, if the full-time equivalent staffing level
    of laboratory personnel as of July 31, 1999, is assigned to locations in
    the general vicinity of Detroit, Michigan, pursuant to cooperative
    agreements between the Food and Drug Administration and other laboratory
    facilities associated with the State of Michigan.
        Sec. 203. Notwithstanding any other provision of law, the Secretary
    of Agriculture may use funds provided for rural housing assistance
    grants in Public Law 106-78 for a pilot project to provide home
    ownership for farm workers and workers involved in the processing of
    farm products in Salinas, California, and the surrounding area.
        Sec. 204. Notwithstanding any other provision of law (including the
    Federal Grants and Cooperative Agreements Act), the Secretary of
    Agriculture shall use not more than $9,000,000 of Commodity Credit
    Corporation funds for a cooperative program with the State

    [[Page 113 STAT. 1501A-294]]

    of Florida to replace commercial trees removed to control citrus canker
    until the earlier of December 31, 1999, or the date crop insurance
    coverage is made available with respect to citrus canker; and the
    Secretary of Agriculture shall use not more than $7,000,000 of Commodity
    Credit Corporation funds to replace non-commercial trees (known as
    dooryard citrus trees), owned by private homeowners, and removed to
    control citrus canker.
        Sec. 205. (a) Continuation of Revenue Insurance Pilot.--Section
    508(h)(9)(A) of the Federal Crop Insurance Act (7 U.S.C. 1508(h)(9)(A))
    is amended by striking ``1997, 1998, 1999, and 2000'' and inserting
    ``1997 through 2001''.
        (b) Expansion of Crop Insurance Pilots.--In the case of any pilot
    program offered under the Federal Crop Insurance Act that was approved
    by the Board of Directors of the Federal Crop Insurance Corporation on
    or before September 30, 1999, the pilot program may be offered on a
    regional, whole State, or national basis for the 2000 and 2001 crop
    years notwithstanding section 553 of title 5, United States Code.
        Sec. 206. Sales Closing Dates for Crop Insurance.--Section 508(f
    )(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(f )(2)) is
    amended--
                (1) by inserting ``(A) In general.--'' before the first
            sentence;
                (2) by striking the last sentence; and
                (3) by adding at the end the following:
                        ``(B) Established dates.--Except as provided in
                    subparagraph (C), the Corporation shall establish, for
                    an insurance policy for each insurable crop that is
                    planted in the spring, a sales closing date that is 30
                    days earlier than the corresponding sales closing date
                    that was established for the 1994 crop year.
                        ``(C) Exception.--If compliance with subparagraph
                    (B) results in a sales closing date for an agricultural
                    commodity that is earlier than January 31, the sales
                    closing date for that commodity shall be January 31
                    beginning with the 2000 crop year.''.

        Sec. 207. The Secretary of Agriculture may use not more than
    $1,090,000 of funds of the Commodity Credit Corporation to provide
    emergency assistance to producers on farms located in Harney County,
    Oregon, who suffered flood-related crop and forage losses in 1999 and
    several previous years and are expected to suffer continuing economic
    losses until the floodwaters recede. The amount made available under
    this section shall be available for such losses for such years as
    determined appropriate by the Secretary to compensate such producers for
    hay, grain, and pasture losses due to the floods and for related
    economic losses.
        Sec. 208. Tillamook Railroad Disaster Repairs. In addition to
    amounts appropriated or otherwise made available for rural development
    programs of the United States Department of Agriculture by Public Law
    106-78, there are appropriated $5,000,000 which may be made available to
    repair damage to the Tillamook Railroad caused by flooding and high
    winds (FEMA Disaster Number 1099-DR-OR) notwithstanding any other
    provision of law.
        Sec. 209. At the end of section 746 of Public Law 106-78, insert the
    following before the period: ``: Provided, That the Congressional Hunger
    Center may invest such funds and expend the income from such funds in a
    manner consistent with this section: Provided

    [[Page 113 STAT. 1501A-295]]

    further, That notwithstanding any other provision of law, funds
    appropriated pursuant to this section may be paid directly to the
    Congressional Hunger Center.''.
        Sec. 210. The Secretary of Agriculture may reprogram funds
    appropriated by Public Law 106-78 for the cost of rural electrification
    and telecommunications loans to provide up to $100,000 for the cost of
    guaranteed loans authorized by section 306 of the Rural Electrification
    Act of 1936.
        Sec. 211. Section 755(b) of Public Law 106-78 is hereby repealed.
        Sec. 212. Section 602(b)(2) of the Small Business Reauthorization
    Act of 1997 (15 U.S.C. 657a note) is amended--
                (1) in subparagraph (I), by striking ``and'' at the end;
                (2) in subparagraph (J), by striking the period at the end
            and inserting ``;''; and
                (3) by inserting at the end the following:
                        ``(K) the Department of Commerce;
                        ``(L) the Department of Justice; and
                        ``(M) the Department of State.''.

        Sec. 213. (a) Revised Schedule for Competitive Bidding of
    Spectrum.--(1) Section 337(b) of the Communications Act of 1934 (47
    U.S.C. 337(b)) is amended by striking ``shall--'' and all that follows
    and inserting ``shall commence assignment of licenses for public safety
    services created pursuant to subsection (a) no later than September 30,
    1998.''.
        (2) Commencing on the date of the enactment of this Act, the Federal
    Communications Commission shall initiate the competitive bidding process
    previously required under section 337(b)(2) of the Communications Act of
    1934 (as repealed by the amendment made by paragraph (1)).
        (3) The Federal Communications Commission shall conduct the
    competitive bidding process described in paragraph (2) in a manner that
    ensures that all proceeds of such bidding are deposited in accordance
    with section 309( j)(8) of the Communications Act of 1934 (47 U.S.C.
    309( j)(8)) not later than September 30, 2000.
        (4)(A) To expedite the assignment by competitive bidding of the
    frequencies identified in section 337(a)(2) of the Communications Act of
    1934 (47 U.S.C. 337(a)(2)), the rules governing such frequencies shall
    be effective immediately upon publication in the Federal Register
    without regard to sections 553(d), 801(a)(3), 804(2), and 806(a) of
    title 5, United States Code.
        (B) Chapter 6 of title 5, United States Code, section 3 of the Small
    Business Act (15 U.S.C. 632), and sections 3507 and 3512 of title 44,
    United States Code, shall not apply to the rules and competitive bidding
    procedures governing the frequencies described in subparagraph (A).
        (5) Notwithstanding section 309(b) of the Communications Act of 1934
    (47 U.S.C. 309(b)), no application for an instrument of authorization
    for the frequencies described in paragraph (4) may be granted by the
    Federal Communications Commission earlier than 7 days following issuance
    of public notice by the Commission of the acceptance for filing of such
    application or of any substantial amendment thereto.
        (6) Notwithstanding section 309(d)(1) of the Communications Act of
    1934 (47 U.S.C. 309(d)(1)), the Federal Communications Commission may
    specify a period (which shall be not less than 5 days following issuance
    of the public notice described in paragraph

    [[Page 113 STAT. 1501A-296]]

    (5)) for the filing of petitions to deny any application for an
    instrument of authorization for the frequencies described in paragraph
    (4).
        (b) Reports.--(1) Not later than 30 days after the date of the
    enactment of this Act, the Director of the Office of Management and
    Budget and the Federal Communications Commission shall each submit to
    the appropriate congressional committees a report which shall--
                (A) set forth the anticipated schedule (including specific
            dates) for--
                        (i) preparing and conducting the competitive bidding
                    process required by subsection (a); and
                        (ii) depositing the receipts of the competitive
                    bidding process;
                (B) set forth each significant milestone in the rulemaking
            process with respect to the competitive bidding process; and
                (C) include an explanation of the effect of each requirement
            in subsection (a) on the schedule for the competitive bidding
            process and any post-bidding activities (including the deposit
            of receipts) when compared with the schedule for the competitive
            bidding and any post-bidding activities (including the deposit
            of receipts) that would otherwise have occurred under section
            337(b)(2) of the Communications Act of 1934 (47 U.S.C.
            337(b)(2)) if not for the enactment of subsection (a).

        (2) Not later than 60 days after the date of the enactment of this
    Act, the Federal Communications Commission shall submit to the
    appropriate congressional committees a report which shall set forth for
    each spectrum auction held by the Commission since January 1, 1998,
    information on--
                (A) the time required for each stage of preparation for the
            auction;
                (B) the date of the commencement and of the completion of
            the auction;
                (C) the time which elapsed between the date of the
            completion of the auction and the date of the first deposit of
            receipts from the auction in the Treasury; and
                (D) the amounts, summarized by month, of all subsequent
            deposits in a Treasury receipt account from the auction.

        (3) Not later than October 31, 2000, the Federal Communications
    Commission shall submit to the appropriate congressional committees a
    report which shall--
                (A) describe the course of the competitive bidding process
            required by subsection (a) through September 30, 2000, including
            the amount of any receipts from the competitive bidding process
            deposited in the Treasury as of September 30, 2000; and
                (B) if the course of the competitive bidding process has
            included any deviations from the schedule set forth under
            paragraph (1)(A), an explanation for such deviations from the
            schedule.

        (4) Each report required by this subsection shall be prepared by the
    agency concerned without influence of any other Federal department or
    agency.
        (5) In this subsection, the term ``appropriate congressional
    committees'' means the following:
                (A) The Committees on Appropriations, the Budget, and
            Commerce, Science, and Transportation of the Senate.

    [[Page 113 STAT. 1501A-297]]

                (B) The Committees on Appropriations, the Budget, and
            Commerce of the House of Representatives.

        (c) Construction.--Nothing in this section shall be construed to
    supersede the requirements placed on the Federal Communications
    Commission by section 337(d)(4) of the Communications Act of 1934 (47
    U.S.C. 337(d)(4)).
        (d) Repeal of Superseded Provisions.--Section 8124 of the Department
    of Defense Appropriations Act, 2000 is repealed.
        Sec. 214. (a) Section 8175 of the Department of Defense
    Appropriations Act, 2000 (Public Law 106-79) is amended by striking
    section 8175 and inserting the following new section 8175:
        ``Sec. 8175. Notwithstanding any other provision of law, the
    Department of Defense shall make progress payments based on progress no
    less than 12 days after receiving a valid billing and the Department of
    Defense shall make progress payments based on cost no less than 19 days
    after receiving a valid billing: Provided, That this provision shall be
    effective only with respect to billings received during the last month
    of the fiscal year.''.
        (b) The amendment made by subsection (a) shall take effect as if
    included in the Department of Defense Appropriations Act, 2000 (Public
    Law 106-79), to which such amendment relates.
        Sec. 215. (a) Section 8176 of the Department of Defense
    Appropriations Act, 2000 (Public Law 106-79) is amended by striking
    section 8176 and inserting the following new section 8176:
        ``Sec. 8176. Notwithstanding any other provision of law, the
    Department of Defense shall make adjustments in payment procedures and
    policies to ensure that payments are made no earlier than one day before
    the date on which the payments would otherwise be due under any other
    provision of law: Provided, That this provision shall be effective only
    with respect to invoices received during the last month of the fiscal
    year.''.
        (b) The amendment made by subsection (a) shall take effect as if
    included in the Department of Defense Appropriations Act, 2000 (Public
    Law 106-79), to which such amendment relates.
        Sec. 216. The Office of Net Assessment in the Office of the
    Secretary of Defense, jointly with the United States Pacific Command,
    shall submit, through the Under Secretary of Defense (Policy), a report
    to Congress no later than 270 days after the enactment of this Act which
    addresses the following issues: (1) A review of the operational planning
    and other preparations of the United States Department of Defense,
    including but not limited to the United States Pacific Command, to
    implement the relevant sections of the Taiwan Relations Act since its
    enactment in 1979; and (2) a review of evaluation of all gaps in
    relevant knowledge about the People's Republic of China's capabilities
    and intentions as they might affect the current and future military
    balance between Taiwan and the People's Republic of China, including
    both classified United States intelligence information and Chinese open
    source writing. The report shall be submitted in classified form, with
    an unclassified summary.
        Sec. 217. The Secretary of Defense, jointly with the Secretary of
    Veterans Affairs, shall submit a report to Congress no later than 90
    days after the enactment of this Act assessing the adequacy of medical
    research activities currently underway or planned to commence in fiscal
    year 2000 to investigate the health effects of low-level chemical
    exposures of Persian Gulf military forces while serving in the Southwest
    Asia theater of operations. This report

    [[Page 113 STAT. 1501A-298]]

    shall also identify and assess valid proposals (including the cost of
    such proposals) to accelerate medical research in this area, especially
    those aimed at studying, diagnosing, and developing treatment protocols
    for Gulf War veterans with multi-system symptoms and multiple chemical
    intolerances.

                          (including transfer of funds)

        Sec. 218. In addition to amounts appropriated or otherwise made
    available in Public Law 106-79, $100,000,000 is hereby appropriated to
    the Department of the Army and shall be made available only for transfer
    to titles II, III, IV, and V of Public law 106-79 to meet readiness
    needs: Provided, That these funds may be used to initiate the fielding
    and equipping, to include leasing of vehicles for test and evaluation,
    of two prototype brigade combat teams at Fort Lewis, Washington:
    Provided further, That funds transferred pursuant to this section shall
    be merged with and be available for the same purposes and for the same
    time period as the appropriation to which transferred: Provided further,
    That the transfer authority provided in this section is in addition to
    any transfer authority available to the Department of Defense: Provided
    further, That none of the funds made available under this section may be
    obligated or expended until 30 days after the Chief of Staff of the Army
    submits a detailed plan for the expenditure of the funds to the
    congressional defense committees.

                               (transfer of funds)

        Sec. 219. Of the funds appropriated in Public Law 106-79, $500,000
    shall be transferred from ``Research, Development, Test, and Evaluation,
    Army'' to ``Operation and Maintenance, Defense-Wide'': Provided, That
    funds transferred pursuant to this section shall be merged with and be
    available for the same purposes and for the same time period as the
    appropriation to which transferred.
        Sec. 220. Exemption for Waste Management Facilities Owned or
    Operated by the United States. No form of financial responsibility
    requirement shall be imposed on the Federal Government or its
    contractors as to the operation of any waste management facility which
    is designed to manage transuranic waste material and is owned or
    operated by a department, agency, or instrumentality of the executive
    branch of the Federal Government and subject to regulation by the Solid
    Waste Disposal Act (42 U.S.C. 6901 et seq.) or by a State program
    authorized under that Act.
        Sec. 221. (a) That portion of the project for navigation, Newport
    Harbor, Rhode Island, authorized by the Rivers and Harbors Act of 1907,
    House Document 438, 59th Congress, 2nd Session, described by the
    following: N148,697.62, E548,281.70, thence running south 9 degrees 42
    minutes 14 seconds east 720.92 feet to a point N147,987.01, E548,403.21,
    thence running south 80 degrees 17 minutes 45.2 seconds west 313.60 feet
    to a point N147,934.15, E548,094.10, thence running north 8 degrees 4
    minutes 50 seconds west 776.9 feet to a point N148,703.30, E547,984.90,
    thence running south 88 degrees 54 minutes 13 seconds east 296.85 feet
    returning to a point N148,697.62, E548,281.70 shall no longer be
    authorized after the date of enactment of this Act.
        (b) The area described by the following: N150,482.96, E548,057.84,
    thence running south 6 degrees 9 minutes 49 seconds east 1300 feet to a
    point N149,190.47, E548,197.42, thence running

    [[Page 113 STAT. 1501A-299]]

    south 9 degrees 42 minutes 14 seconds east 500 feet to a point
    N148,697.62, E548,281.70, thence running north 88 degrees 54 minutes 13
    seconds west 377.89 feet to a point N148,704.85, E547,903.88, thence
    running north 8 degrees 4 minutes 52 seconds west 1571.83 feet to a
    point N150,261.08, E547,682.92, thence running north 59 degrees 22
    minutes 58 seconds east 435.66 feet returning to a point N150,482.96,
    E548,057.84 shall be redesignated as an anchorage area.
        (c) The area described by the following: N147,427.22, E548,464.05,
    thence running south 2 degrees 10 minutes 32 seconds east 273.7 feet to
    a point N147,153.72, E548,474.44, thence running south 5 degrees 18
    minutes 48 seconds west 2375.34 feet to a point N144,788.59,
    E548,254.48, thence running south 73 degrees 11 minutes 48 seconds west
    93.40 feet to a point N144,761.59, E548,165.07, thence running north 2
    degrees 10 minutes 39 seconds west 2589.81 feet to a point N147,349.53,
    E548,066.67, thence running north 78 degrees 56 minutes 16 seconds east
    404.9 feet returning to a point N147,427.22, E548,464.05 shall be
    redesignated as an anchorage area.
        Sec. 222. There is hereby appropriated to the Department of the
    Interior $1,250,000 for the acquisition of lands in the Wertheim
    National Wildlife Refuge, to be derived from the Land and Water
    Conservation Fund.
        Sec. 223. For a payment to Virginia C. Chafee, widow of John H.
    Chafee, late a Senator from Rhode Island, $136,700.
        Sec. 224. Paragraph (5) of section 201(a) of the Congressional
    Budget Act of 1974 (2 U.S.C. 601(a)) is amended to read as follows:
                ``(5)(A) The Director shall receive compensation at an
            annual rate of pay that is equal to the lower of--
                        ``(i) the highest annual rate of compensation of any
                    officer of the Senate; or
                        ``(ii) the highest annual rate of compensation of
                    any officer of the House of Representatives.
                ``(B) The Deputy Director shall receive compensation at an
            annual rate of pay that is $1,000 less than the annual rate of
            pay received by the Director, as determined under subparagraph
            (A).''.

        Sec. 225. In addition to amounts otherwise made available in Public
    Law 106-69 (Department of Transportation and Related Agencies
    Appropriations Act, 2000) to carry out 49 United States Code,
    5309(m)(1)(C), $1,750,000 is made available from the Mass Transit
    Account of the Highway Trust Fund for Twin Cities, Minnesota
    metropolitan buses and bus facilities; $750,000 is made available from
    the Mass Transit Account of the Highway Trust Fund for Santa Clarita,
    California bus maintenance facility; $1,000,000 is made available from
    the Mass Transit Account of the Highway Trust Fund for a Lincoln,
    Nebraska bus maintenance facility; and $2,500,000 is made available from
    the Mass Transit Account of the Highway Trust Fund for Anchorage, Alaska
    2001 Special Olympics Winter Games buses and bus facilities: Provided,
    That notwithstanding any other provision of law, $2,000,000 of the funds
    available in fiscal year 2000 under section 1101(a)(9) of Public Law
    105-178, as amended, for the National corridor planning and development
    and coordinated border infrastructure programs shall be made available
    for the planning and design of a highway corridor between Dothan,
    Alabama and Panama City, Florida: Provided further, That under ``Capital
    Investment Grants''

    [[Page 113 STAT. 1501A-300]]

    in Public Law 106-69, item number 66 shall be amended by striking
    ``Colorado Association of Transit Agencies'' and inserting ``Colorado
    buses and bus facilities'', item number 107 shall be amended by striking
    ``Kansas Public Transit Association buses and bus facilities'' and
    inserting ``Kansas buses and bus facilities'', the figure in item number
    92 shall be amended to read ``3,340,000'', item number 251 shall be
    amended by inserting after ``buses'' the following: ``and bus
    facilities'', and there shall be inserted after item number 279 under
    ``Capital Investment Grants'' the following:

    ``280 Iowa                         Mason City, bus          160,000'':
        .                               facility.

    Provided further, That Public Law 105-277, 112 Stat. 2681-458, item
    number 243 shall be amended by inserting after the word ``buses'' the
    following: ``and bus facilities''.
        Sec. 226. No funds made available in Public Law 106-69 or any other
    Act shall be used to decommission or otherwise reduce operations of U.S.
    Coast Guard WYTL harbor tug boats.
        Sec. 227. Section 351 of Public Law 106-69 is amended by striking
    ``provided'' and inserting ``appropriated or limited''.
        Sec. 228. For purposes of section 5117(b)(5) of the Transportation
    Equity Act for the 21st Century, for fiscal years 1998, 1999 and 2000
    the cost-sharing provision of section 5001(b) shall not apply.
        Sec. 229. Section 366 of the Department of Transportation and
    Related Agencies Appropriations Act, 2000 (Public Law 106-69) is
    amended--
                (1) by striking ``and subject to subsection (b),''; and
                (2) by striking ``under subsection (a)'' and inserting
            ``under this section''.

        Sec. 230. Section 408 of the Woodrow Wilson Memorial Bridge
    Authority Act of 1995 (109 Stat. 631) is amended--
                (1) by striking ``The'' and inserting ``(a) In General.--
            The''; and
                (2) by adding at the end the following:

        ``(b) Transportation Improvement Program.--Notwithstanding sections
    134(g)(2)(B), 134(h)(3)(D) and 135(f )(2)(D) of title 23, United States
    Code, the Project may be included in a metropolitan long-range
    transportation plan, a metropolitan transportation improvement program,
    and a State transportation improvement program under sections 134 and
    135, respectively, of that title.''.
        Sec. 231. (a) Exemption for Aircraft Modification or Disposal,
    Scheduled Heavy Maintenance, or Leasing-Related Flights.--Section 47528
    is amended--
                (1) by striking ``subsection (b)'' in subsection (a) and
            inserting ``subsection (b) or (f )'';
                (2) by adding at the end of subsection (e) the following:
                ``(4) An air carrier operating Stage 2 aircraft under this
            subsection may transport Stage 2 aircraft to or from the 48
            contiguous States on a non-revenue basis in order--
                        ``(A) to perform maintenance (including major
                    alterations) or preventative maintenance on aircraft
                    operated, or to be operated, within the limitations of
                    paragraph (2)(B); or
                        ``(B) conduct operations within the limitations of
                    paragraph (2)(B).''; and
                (3) adding at the end thereof the following:

    [[Page 113 STAT. 1501A-301]]

        ``(f ) Aircraft Modification, Disposal, Scheduled Heavy Maintenance,
    or Leasing.--
                ``(1) In general.--The Secretary shall permit a person to
            operate after December 31, 1999, a Stage 2 aircraft in
            nonrevenue service through the airspace of the United States or
            to or from an airport in the contiguous 48 States in order to--
                        ``(A) sell, lease, or use the aircraft outside the
                    contiguous 48 States;
                        ``(B) scrap the aircraft;
                        ``(C) obtain modifications to the aircraft to meet
                    Stage 3 noise levels;
                        ``(D) perform scheduled heavy maintenance or
                    significant modifications on the aircraft at a
                    maintenance facility located in the contiguous 48
                    States;
                        ``(E) deliver the aircraft to an operator leasing
                    the aircraft from the owner or return the aircraft to
                    the lessor;
                        ``(F) prepare or park or store the aircraft in
                    anticipation of any of the activities described in
                    subparagraphs (A) through (E); or
                        ``(G) divert the aircraft to an alternative airport
                    in the contiguous 48 States on account of weather,
                    mechanical, fuel, air traffic control, or other safety
                    reasons while conducting a flight in order to perform
                    any of the activities described in subparagraphs (A)
                    through (F).
                ``(2) Procedure to be published.--The Secretary shall
            establish and publish, not later than 30 days after the date of
            enactment of this Act a procedure to implement paragraph (1) of
            this subsection through the use of categorical waivers, ferry
            permits, or other means.''.

        (b) Noise Standards for Experimental Aircraft.--
                (1) In general.--Section 47528(a) of title 49 is amended by
            inserting ``(for which an airworthiness certificate other than
            an experimental certificate has been issued by the
            Administrator)'' after ``civil subsonic turbojet''.
                (2) FAR modified.--The Federal Aviation Regulations,
            contained in Part 14 of the Code of Federal Regulations, that
            implement section 47528 and related provisions shall be deemed
            to incorporate this change on the effective date of this Act.
                (3) Other.--Notwithstanding any other provision of law, none
            of the funds in this or any other Act may be used to implement
            or otherwise enforce Stage 3 noise limitations in title 49
            United States Code, section 47528(a) for aircraft operating
            under an experimental airworthiness certification issued by the
            Department of Transportation.

        Sec. 232. In addition to amounts provided to the Federal Railroad
    Administration in Public Law 106-69, for necessary expenses for
    engineering, design and construction activities to enable the James A.
    Farley Post Office in New York City to be used as a train station and
    commercial center, to become available on October 1 of the fiscal year
    specified and to remain available until expended: fiscal year 2001,
    $20,000,000; fiscal year 2002, $20,000,000; fiscal year 2003,
    $20,000,000.
        Sec. 233. (a) Section 203(p)(1)(B)(ii) of the Federal Property and
    Administrative Services Act of 1949 (40 U.S.C. 484(p)(1)(B)(ii)) is
    amended by striking ``December 31, 1999.'' and inserting ``July 31,
    2000.''.

    [[Page 113 STAT. 1501A-302]]

        (b) During the period beginning January 1, 2000, and ending July 31,
    2000, the Administrator may convey any property for which an application
    for the transfer of property is under consideration and pending on the
    date of the enactment of this Act.
         Sec. 234. Effective on November 15, 1999, or the last day of the
    1st session of the 106th Congress, whichever is later, in addition to
    amounts otherwise provided to address the expenses of Year 2000
    conversion of Federal information technology systems, not to exceed 10
    percent of any appropriation for salaries and expenses made available to
    an agency for fiscal year 2000 in this or any other Act may be used by
    the agency for implementation of agency business continuity and
    contingency plans in furtherance of Year 2000 compliance by Federal
    agencies: Provided, That such amounts may be transferred between agency
    accounts: Provided further, That the transfer authority provided in this
    section is in addition to any other transfer authority provided in this
    or any other Act: Provided further, That notice of any transfer under
    this section shall be transmitted to House and Senate Committees on
    Appropriations, the Senate Special Committee on the Year 2000 Technology
    Problem, the House Committee on Science, and the House Committee on
    Government Reform 10 days in advance of such transfer: Provided further,
    That, under circumstances reasonably requiring immediate action, such
    notice shall be transmitted as soon as possible but in no case more than
    5 days after such transfer: Provided further, That the authority granted
    in this section shall expire on February 29, 2000.
        Sec. 235. Title III of Public Law 106-58, under the heading ``Office
    of Administration, Salaries and Expenses'', is amended by inserting
    after ``infrastructure'' the following: ``: Provided, That the funds for
    the capital investment plan shall remain available until September 30,
    2001''.
        Sec. 236. Postponement of Date of Termination of Federal Agency
    Reporting Requirements. Section 3003(a)(1) of the Federal Reports
    Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) is amended by
    striking ``4 years after the date of the enactment of this Act'' and
    inserting ``May 15, 2000''.
        Sec. 237. In addition to amounts appropriated to the Office of
    National Drug Control Policy, $3,000,000 is appropriated: Provided, That
    this amount shall be made available by grant to the United States
    Olympic Committee for its anti-doping program within 30 days of the
    enactment of this Act.
        Sec. 238. (a) In General.--(1) Section 5315 of title 5, United
    States Code, is amended by striking the following item: ``Commissioner
    of Customs, Department of the Treasury''.
        (2) Section 5314 of title 5, United States Code, is amended by
    inserting at the end the following item: ``Commissioner of Customs,
    Department of the Treasury''.
        (b) Effective Date.--The amendment made by this subsection shall
    take effect on January 1, 2000.
        Sec. 239. (a) Section 101(d)(3) of title I of division C of the
    Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999
    (Public Law 105-277, 112 Stat. 2681-584, 585) is amended by inserting
    ``not'' after ``the Inspector General Act of 1978 (5 U.S.C. App.)
    shall''.
        (b) The amendment made by subsection (a) shall be effective as if
    included in the enactment of section 101 of title I of division

    [[Page 113 STAT. 1501A-303]]

    C of the Omnibus Consolidated and Emergency Supplemental Appropriations
    Act, 1999.
        Sec. 240. For necessary expenses of the United States Secret
    Service, an additional $10,000,000 is appropriated for ``Salaries and
    Expenses''. In addition, for the purposes of meeting additional
    requirements of the United States Secret Service for fiscal year 2000,
    the Secretary of the Treasury is authorized and directed to transfer
    $21,000,000 to the United States Secret Service out of all the funds
    available to the Department of the Treasury no later than 120 days after
    enactment of this Act: Provided, That the transfer authority provided in
    this section is in addition to any other transfer authority contained
    elsewhere in this or any other Act: Provided further, That such
    transfers pursuant to this section be taken from programs, projects, and
    activities as determined by the Secretary of the Treasury and subject to
    the advance approval of the Committee on Appropriations.
        Sec. 241. Section 404(b) of the Government Management Reform Act of
    1994 (31 U.S.C. 501 note) is amended by striking: ``December 31, 1999''
    and inserting ``April 30, 2000''.
        Sec. 242. (a) The seventh paragraph under the heading ``Community
    Development Block Grants'' in title II of H.R. 2684 (Public Law 106-74)
    is amended by striking the figure making individual grants for targeted
    economic investments and inserting ``$250,175,000'' in lieu thereof.
        (b) The statement of the managers of the committee of conference
    accompanying H.R. 2684 (Public Law 106-74; House Report No. 106-379) is
    deemed to be amended under the heading ``Community Development Block
    Grants'' to include in the description of targeted economic development
    initiatives the following:
                ``--$500,000 to Saint John's County, Florida for water,
            wastewater, and sewer system improvements;
                ``--$1,000,000 to the City of San Dimas, California for
            structural improvements, earthquake reinforcement, and
            compliance with the Americans with Disabilities Act, to the
            Walker House;
                ``--$2,000,000 to the City of Youngstown in Youngstown, Ohio
            for site acquisition, planning, architectural design, and
            preliminary construction activities of a convocation/community
            center;
                ``--$875,000 to Chippewa County, Wisconsin for development
            of the Lake Wissota Business Park;
                ``--$1,500,000 to Lake Marion Regional Water Agency in South
            Carolina, for continued development of water supply needs;
                ``--$650,000 to Santa Fe County, New Mexico, for the Santa
            Fe Regional Water Management and River Restoration Strategy
            (including activities of partner governments and agencies);
                ``--$650,000 to the Dunbar Community Center in Springfield,
            Massachusetts to expand its facilities''.

               TITLE III--FISCAL YEAR 2000 OFFSETS AND RESCISSIONS

        Sec. 301. (a) Government-Wide Rescissions.--There is hereby
    rescinded an amount equal to 0.38 percent of the discretionary budget
    authority provided (or obligation limit imposed) for fiscal year 2000 in
    this or any other Act for each department, agency, instrumentality, or
    entity of the Federal Government.

    [[Page 113 STAT. 1501A-304]]

        (b) Restrictions.--In carrying out the rescissions made by
    subsection (a)--
                (1) no program, project, or activity of any department,
            agency, instrumentality, or entity may be reduced by more than
            15 percent (with ``programs, projects, and activities'' as
            delineated in the appropriations Act or accompanying report for
            the relevant account, or for accounts and items not included in
            appropriations Acts, as delineated in the most recently
            submitted President's budget);
                (2) no reduction shall be taken from any military personnel
            account; and
                (3) the reduction for the Department of Defense and
            Department of Energy Defense Activities shall be applied
            proportionately to all Defense accounts.

        (c) Report.--The Director of the Office of Management and Budget
    shall include in the President's budget submitted for fiscal year 2001 a
    report specifying the reductions made to each account pursuant to this
    section.
        Sec. 302. Section 7 of the Federal Reserve Act (12 U.S.C. 289) is
    amended as follows:
                (1) by striking subsection (a)(3); and
                (2) by inserting the following new subsection (b):

        ``(b) Transfer For Fiscal Year 2000.--
                ``(1) In general.--The Federal reserve banks shall transfer
            from the surplus funds of such banks to the Board of Governors
            of the Federal Reserve System for transfer to the Secretary of
            the Treasury for deposit in the general fund of the Treasury, a
            total amount of $3,752,000,000 in fiscal year 2000.
                ``(2) Allocated by fed.--Of the total amount required to be
            paid by the Federal reserve banks under paragraph (1) for fiscal
            year 2000, the Board shall determine the amount each such bank
            shall pay in such fiscal year.
                ``(3) Replenishment of surplus fund prohibited.--During
            fiscal year 2000, no Federal reserve bank may replenish such
            bank's surplus fund by the amount of any transfer by such bank
            under paragraph (1).''.

        Sec. 303. (a) Section 453( j) of the Social Security Act (42 U.S.C.
    653( j)) is amended by adding at the end the following:
                ``(6) Information comparisons and disclosure for enforcement
            of obligations on higher education act loans and grants.--
                        ``(A) Furnishing of information by the secretary of
                    education.--The Secretary of Education shall furnish to
                    the Secretary, on a quarterly basis or at such less
                    frequent intervals as may be determined by the Secretary
                    of Education, information in the custody of the
                    Secretary of Education for comparison with information
                    in the National Directory of New Hires, in order to
                    obtain the information in such directory with respect to
                    individuals who--
                              ``(i) are borrowers of loans made under title
                          IV of the Higher Education Act of 1965 that are in
                          default; or
                              ``(ii) owe an obligation to refund an
                          overpayment of a grant awarded under such title.
                        ``(B) Requirement to seek minimum information
                    necessary.--The Secretary of Education shall seek

    [[Page 113 STAT. 1501A-305]]

                    information pursuant to this section only to the extent
                    essential to improving collection of the debt described
                    in subparagraph (A).
                        ``(C) Duties of the secretary.--
                              ``(i) Information comparison; disclosure to
                          the secretary of education.--The Secretary, in
                          cooperation with the Secretary of Education, shall
                          compare information in the National Directory of
                          New Hires with information in the custody of the
                          Secretary of Education, and disclose information
                          in that Directory to the Secretary of Education,
                          in accordance with this paragraph, for the
                          purposes specified in this paragraph.
                              ``(ii) Condition on disclosure.--The Secretary
                          shall make disclosures in accordance with clause
                          (i) only to the extent that the Secretary
                          determines that such disclosures do not interfere
                          with the effective operation of the program under
                          this part. Support collection under section 466(b)
                          shall be given priority over collection of any
                          defaulted student loan or grant overpayment
                          against the same income.
                        ``(D) Use of information by the secretary of
                    education.--The Secretary of Education may use
                    information resulting from a data match pursuant to this
                    paragraph only--
                              ``(i) for the purpose of collection of the
                          debt described in subparagraph (A) owed by an
                          individual whose annualized wage level (determined
                          by taking into consideration information from the
                          National Directory of New Hires) exceeds $16,000;
                          and
                              ``(ii) after removal of personal identifiers,
                          to conduct analyses of student loan defaults.
                        ``(E) Disclosure of information by the secretary of
                    education.--
                              ``(i) Disclosures permitted.--The Secretary of
                          Education may disclose information resulting from
                          a data match pursuant to this paragraph only to--
                                        ``(I) a guaranty agency holding a
                                    loan made under part B of title IV of
                                    the Higher Education Act of 1965 on
                                    which the individual is obligated;
                                        ``(II) a contractor or agent of the
                                    guaranty agency described in subclause
                                    (I);
                                        ``(III) a contractor or agent of the
                                    Secretary; and
                                        ``(IV) the Attorney General.
                              ``(ii) Purpose of disclosure.--The Secretary
                          of Education may make a disclosure under clause
                          (i) only for the purpose of collection of the
                          debts owed on defaulted student loans, or
                          overpayments of grants, made under title IV of the
                          Higher Education Act of 1965.
                              ``(iii) Restriction on redisclosure.--An
                          entity to which information is disclosed under
                          clause (i) may use or disclose such information
                          only as needed for the purpose of collecting on
                          defaulted student loans, or overpayments of
                          grants, made under title IV of the Higher
                          Education Act of 1965.

    [[Page 113 STAT. 1501A-306]]

                        ``(F) Reimbursement of hhs costs.--The Secretary of
                    Education shall reimburse the Secretary, in accordance
                    with subsection (k)(3), for the additional costs
                    incurred by the Secretary in furnishing the information
                    requested under this subparagraph.''.

        (b) Penalties for Misuse of Information.--Section 402(a) of the
    Child Support Performance and Incentive Act of 1998 (112 Stat. 669) is
    amended in the matter added by paragraph (2) by inserting ``or any other
    person'' after ``officer or employee of the United States''.
        (c) Effective Date.--The amendments made by this section shall
    become effective October 1, 1999.
        Sec. 304. Section 110 of title 23, United States Code, is amended by
    adding at the end the following:
        ``(e) After making any calculation necessary to implement this
    section for fiscal year 2001, the amount available under paragraph
    (a)(1) shall be increased by $128,752,000. The amounts added under this
    subsection shall not apply to any calculation in any other fiscal year.
        ``(f ) For fiscal year 2001, prior to making any distribution under
    this section, $22,029,000 of the allocation under paragraph (a)(1) shall
    be available only for each program authorized under chapter 53 of title
    49, United States Code, and title III of Public Law 105-178, in
    proportion to each such program's share of the total authorization in
    section 5338 (other than 5338(h)) of such title and sections 3037 and
    3038 of such Public Law, under the terms and conditions of chapter 53 of
    such title.
        ``(g) For fiscal year 2001, prior to making any distribution under
    this section, $399,000 of the allocation under paragraph (a)(1) shall be
    available only for motor carrier safety programs under sections 31104
    and 31107 of title 49, United States Code; $274,000 for NHTSA operations
    and research under section 403 of title 23, United States Code; and
    $787,000 for NHTSA highway traffic safety grants under chapter 4 of
    title 23, United States Code.''.
        Sec. 305. Notwithstanding section 3324 of title 31, United States
    Code, and section 1006(h) of title 37, United States Code, the basic pay
    and allowances that accrues to members of the Army, Navy, Marine Corps,
    and Air Force for the pay period ending on September 30, 2000, shall be
    paid, whether by electronic transfer of funds or otherwise, no earlier
    than October 1, 2000.
        Sec. 306. The pay of any Federal officer or employee that would be
    payable on September 29, 2000, or September 30, 2000, for the preceding
    applicable pay period (if not for this section) shall be paid, whether
    by electronic transfer of funds or otherwise, on October 1, 2000.
        Sec. 307. Under the terms of section 251(b)(2) of Public Law 99-177,
    an adjustment for rounding shall be provided for the first amount
    referred to in section 251(c)(4)(A) of such Act equal to 0.2 percent of
    such amount.

    [[Page 113 STAT. 1501A-307]]

                    TITLE IV--CANYON FERRY RESERVOIR, MONTANA

    SEC. 401. DEFINITION OF INDIVIDUAL PROPERTY PURCHASER.

        Section 1003 of title X of division C of the Omnibus Consolidated
    and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-711)
    is amended--
                (1) by redesignating paragraphs (4) through (12) as
            paragraphs (5) through (13), respectively; and
                (2) by inserting after paragraph (3) the following:
                ``(4) Individual property purchaser.--The term `individual
            property purchaser', with respect to an individual cabin site
            described in section 1004(b), means a person (including CFRA or
            a lessee) that purchases that cabin site.

    SEC. 402. SALE OF PROPERTIES.

        Section 1004 of title X of division C of the Omnibus Consolidated
    and Emergency Supplemental Appropriations Act, 1999, is amended--
                (1) in subsection (c)(2) (112 Stat. 2681-713), by striking
            subparagraph (B) and inserting the following:
                        ``(B) Appraisal.--
                              ``(i) In general.--The appraisal under
                          subparagraph (A) shall be based on the Canyon
                          Ferry Cabin Site appraisal with a completion date
                          of March 29, 1999, and amended June 11, 1999, with
                          an effective date of valuation of October 15,
                          1998, for the Bureau of Reclamation, on the
                          conditions stated in this subparagraph.
                              ``(ii) Modifications.--The contract appraisers
                          that conducted the original appraisal having an
                          effective date of valuation of October 15, 1998,
                          for the Bureau of Reclamation shall make
                          appropriate modifications to permit recalculation
                          of the lot values established in the original
                          appraisal into an updated appraisal, the function
                          of which shall be to provide market values for the
                          sale of each of the 265 Canyon Ferry Cabin site
                          lots.
                              ``(iii) Changes in property characteristics.--
                          If there are any changes in the characteristic of
                          a property that form part of the basis of the
                          updated appraisal (including a change in size,
                          easement considerations, or updated analyses of
                          the physical characteristics of a lot), the
                          contract appraisers shall make an appropriate
                          adjustment to the updated appraisal.
                              ``(iv) Updating.--Subject to the approval of
                          CFRA and the Secretary, the fair market values
                          established by the appraisers under this paragraph
                          may be further updated periodically by the
                          contract appraisers through appropriate market
                          analyses.
                              ``(v) Reconsideration.--The Bureau of
                          Reclamation and the 265 Canyon Ferry cabin owners
                          have the right to seek reconsideration, before
                          commencement of the updated appraisal, of the
                          assumptions that the appraisers used in arriving
                          at the fair market values derived in the original
                          appraisal.

    [[Page 113 STAT. 1501A-308]]

                              ``(vi) Continuing validity.--Notwithstanding
                          any other provision of law, the October 15, 1998,
                          Canyon Ferry Cabin Site original appraisal, as
                          provided for in this paragraph, shall remain valid
                          for use by the Bureau of Reclamation in the sale
                          process for a period of not less than 3 years from
                          the date of completion of the updated
                          appraisal.'';
                (2) in subsection (d) (112 Stat. 2681-713)--
                        (A) in paragraph (1)(D), by adding at the end the
                    following:
                              ``(iii) Remaining leases.--
                                        ``(I) Continuation of leases.--The
                                    remaining lessees shall have a right to
                                    continue leasing through August 31,
                                    2014.
                                        ``(II) Right to close.--The
                                    remaining leases shall have the right to
                                    close under the terms of the sale at any
                                    time before August 31, 2014. On
                                    termination of the lease either by
                                    expiration under the terms of the lease
                                    or by violation of the terms of the
                                    lease, all personal property and
                                    improvements will be removed, and the
                                    cabin site shall remain in Federal
                                    ownership.''; and
                        (B) in paragraph (2)--
                              (i) in the matter preceding subparagraph (A),
                          by inserting ``or if no one (including CFRA)
                          bids,'' after ``bid''; and
                              (ii) in subparagraph (D)--
                                        (I) by striking ``12 months'' and
                                    inserting ``36 months''; and
                                        (II) by adding at the end the
                                    following: ``If the requirement of the
                                    preceding sentence is not met, CFRA may
                                    close on all remaining cabin sites or up
                                    to the 75 percent requirement. If CFRA
                                    does not exercise either such option,
                                    the Secretary shall conduct another sale
                                    for the remaining cabin sites to close
                                    immediately, with proceeds distributed
                                    in accordance with section 1008.'';
                (3) by striking subsection (e) (112 Stat. 2681-714) and
            inserting the following:

        ``(e) Administrative Costs.--
                ``(1) Allocation of funding.--The Secretary shall allocate
            all funding necessary to conduct the sales process for the sale
            of property under this title.
                ``(2) Reimbursement.--Any reasonable administrative costs
            incurred by the Secretary (including the costs of survey and
            appraisals incident to the conveyance under subsection (a))
            shall be proportionately reimbursed by the property owner a the
            time of closing.''; and
                (4) by striking subsection (f ) (112 Stat. 2681-714) and
            inserting the following:

        ``(f ) Timing.--The Secretary shall--
                ``(1) immediately begin preparing for the sales process on
            enactment of this Act; and
                ``(2) not later than 1 year after the date of enactment of
            this Act, begin conveying the property described in subsection
            (b).''.

    [[Page 113 STAT. 1501A-309]]

    SEC. 403. MONTANA FISH AND WILDLIFE CONSERVATION TRUST.

        Section 1007(b) of title X of division C of the Omnibus Consolidated
    and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-
    715), is amended--
                (1) in subsection (c)--
                        (A) in paragraph (1), in the matter preceding
                    subparagraph (A), by striking ``trust manager'' and
                    inserting ``trust manager (referred to in this section
                    as the `trust manager')'';
                        (B) in paragraph (2)(A), in the matter preceding
                    clause (i), by striking ``agency Board'' and inserting
                    ``Agency Board (referred to in this section as the
                    `Joint State-Federal Agency Board')''; and
                        (C) in paragraph (3)(A), by striking ``Advisory
                    Board'' and inserting ``Advisory Board (referred to in
                    this section as the `Citizen Advisory Board')''; and
                (2) by adding at the end the following:

        ``(f ) Recreation Trust Agreement.--
                ``(1) In general.--The Trust, acting through the trust
            manager, in consultation with the Joint State-Federal Agency
            Board and the Citizen Advisory Board, shall enter into a legally
            enforceable agreement with CFRA (referred to in this section as
            the `Recreation Trust Agreement').
                ``(2) Contents.--The Recreation Trust Agreement shall
            provide that--
                        ``(A) on receipt of proceeds of the sale of a
                    property under section 1004, the Trust shall loan up to
                    $3,000,000 of the proceeds to CFRA;
                        ``(B) CFRA shall deposit all funds borrowed under
                    subparagraph (A) in the Canyon Ferry-Broadwater County
                    Trust;
                        ``(C) CFRA and the individual purchasers shall repay
                    the principal of the loan to the Trust as soon as
                    reasonably practicable in accordance with a repayment
                    schedule specified in the loan agreement; and
                        ``(D) until such time as the principal is repaid in
                    full, CFRA and the individual purchasers shall make an
                    annual interest payment on the outstanding principal of
                    the loan to the Trust at an interest rate determined in
                    accordance with paragraph (4)(C).
                ``(3) Treatment of interest payments.--All interest payments
            received by the Trust under paragraph (2)(D) shall be treated as
            earnings under subsection (d)(2).
                ``(4) Fiduciary responsibility.--In negotiating the
            Recreation Trust Agreement, the trust manager shall act in the
            best interests of the Trust to ensure--
                        ``(A) the security of the loan;
                        ``(B) timely repayment of the principal; and
                        ``(C) payment of a fair interest rate, of not less
                    than 6 nor more than 8 percent per year, based on the
                    length of the term of a loan that is comparable to the
                    term of a traditional home mortgage.

        ``(g) Restriction on Disbursement.--Except as provided in subsection
    (f ), the trust manager shall not disburse any funds from the Trust
    until August 1, 2001, as provided for in the Recreation Trust Agreement,
    unless Broadwater County, at an earlier date, certifies that the Canyon
    Ferry-Broadwater County Trust has been fully funded in accordance with
    this title.

    [[Page 113 STAT. 1501A-310]]

        ``(h) Condition to Sale.--No closing of property under section 1004
    shall be made until the Recreation Trust Agreement is entered into under
    subsection (f )''.

    SEC. 404. CANYON FERRY-BROADWATER COUNTY TRUST.

        Section 1008(b) of title X of division C of the Omnibus Consolidated
    and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681-
    718), is amended--
                (1) by striking paragraph (1) and inserting the following:
                ``(1) Agreement.--
                        ``(A) Condition to sale.--No closing of property
                    under section 1004 shall be made until CFRA and
                    Broadwater County enter into a legally enforceable
                    agreement (referred to in this paragraph as the `
                    Contributions Agreement') concerning contributions to
                    the Trust.
                        ``(B) Contents.--The Contributions Agreement shall
                    require that on or before August 1, 2001, CFRA shall
                    ensure that $3,000,000 in value is deposited in the
                    Canyon Ferry-Broadwater County Trust from 1 or more of
                    the following sources:
                              ``(i) Direct contributions made by the
                          purchasers on the sale of each cabin site.
                              ``(ii) Annual contributions made by the
                          purchasers.
                              ``(iii) All other monetary contributions.
                              ``(iv) In-kind contributions, subject to the
                          approval of the County.
                              ``(v) All funds borrowed by CFRA under section
                          1007(f ).
                              ``(vi) Assessments made against the cabin
                          sites made under a county park district or any
                          similar form of local government under the laws of
                          the State of Montana.
                              ``(vii) Any other contribution, subject to the
                          approval of the County.'';
                (2) by redesignating paragraphs (2) and (3) as paragraphs
            (3) and (4), respectively;
                (3) by inserting after paragraph (1) the following:
                ``(2) Alternative funding source.--If CFRA agrees to form a
            county park district under section 7-16-2401 et seq., of the
            Montana Code Annotated, or any other similar form of local
            government under the laws of the State of Montana, for the
            purpose of providing funding for the Trust pursuant to the
            Contributions Agreement, CFRA and Broadwater County may amend
            the Contributions Agreement as appropriate, so long as the
            monetary obligations of individual property purchases under the
            Contributions Agreement as amended are substantially similar to
            those specified in paragraph (1).''; and
                (4) in paragraph (4) (as redesignated by paragraph (2), by
            striking ``until the condition stated in paragraph (1) is met''.

    SEC. 405. TECHNICAL CORRECTIONS.

        Title X of division C of the Omnibus Consolidated and Emergency
    Supplemental Appropriations Act, 1999 is amended--
                (1) in section 1001 (112 Stat. 2681-710), by striking
            ``section 4(b)'' and inserting ``section 1004(b)'';
                (2) in section 1003 (112 Stat. 2681-711)--
                        (A) in paragraph (1), by striking ``section 8'' and
                    inserting ``section 1008'';

    [[Page 113 STAT. 1501A-311]]

                        (B) in paragraph (6), by striking ``section 7'' and
                    inserting ``section 1007'';
                        (C) in paragraph (8)--
                              (i) in subparagraph (A), by striking ``section
                          4(b)'' and inserting ``1004(b)''; and
                              (ii) in subparagraph (B), by striking
                          ``section 4(b)(1)(B)'' and inserting ``section
                          1004(b)(1)(B)''; and
                        (D) in paragraph (9), by striking ``section 4'' and
                    inserting ``section 104''; and
                (3) in section 1004 (112 Stat. 2681-712)--
                        (A) in subsection (b)(3)(B)(ii)(II), by striking
                    ``section 4(a)'' and inserting ``section 1004(a)''; and
                        (B) in subsection (d)(2)(G), by striking ``section
                    6'' and inserting ``section 1006''.

                       TITLE V--INTERNATIONAL DEBT RELIEF

    SEC. 501. ACTIONS TO PROVIDE BILATERAL DEBT RELIEF.

        (a) Cancellation of Debt.--Subject to the availability of amounts
    provided in advance in appropriations Acts, the President shall cancel
    all amounts owed to the United States (or any agency of the United
    States) by any country eligible for debt reduction under this section,
    as a result of loans made or credits extended prior to June 20, 1999,
    under any of the provisions of law specified in subsection (b).
        (b) Provisions of Law.--The provisions of law referred to in
    subsection (a) are the following:
                (1) Sections 221 and 222 of the Foreign Assistance Act.
                (2) The Arms Export Control Act (22 U.S.C. 2751 et seq.).
                (3) Section 5(f ) of the Commodity Credit Corporation
            Charter Act, section 201 of the Agricultural Trade Act of 1978
            (7 U.S.C. 5621), or section 202 of such Act (7 U.S.C. 5622), or
            predecessor provisions under the Food for Peace Act of 1966.
                (4) Title I of the Agricultural Trade Development and
            Assistance Act of 1954 (7 U.S.C. 1701 et seq.).

        (c) Other Debt Reduction Authorities.--The authority provided in
    this section is in addition to any other debt relief authority and does
    not in any way limit such authority.
        (d) Eligible Countries.--A country that is performing satisfactorily
    under an economic reform program shall be eligible for cancellation of
    debt under this section if--
                (1) the country, as of December 31, 2000, is eligible to
            borrow from the International Development Association;
                (2) the country, as of December 31, 2000, is not eligible to
            borrow from the International Bank for Reconstruction and
            Development; and
                (3)(A) the country has outstanding public and publicly
            guaranteed debt, the net present value of which on December 31,
            1996, was at least 150 percent of the average annual value of
            the exports of the country for the period 1994 through 1996; or
                (B)(i) the country has outstanding public and publicly
            guaranteed debt, the net present value of which, as of the date
            the President determines that the country is eligible for debt
            relief under this section, is at least 150 percent of the annual
            value of the exports of the country; or

    [[Page 113 STAT. 1501A-312]]

                (ii) the country has outstanding public and publicly
            guaranteed debt, the net present value of which, as of the date
            the President determines that the country is eligible for debt
            relief under this section, is at least 250 percent of the annual
            fiscal revenues of the country, and has minimum ratios of
            exports to Gross Domestic Product of 30 percent, and of fiscal
            revenues to Gross Domestic Product of 15 percent.

        (e) Priority.--In carrying out subsection (a), the President should
    seek to leverage scarce foreign assistance and give priority to heavily
    indebted poor countries with demonstrated need and the capacity to use
    such relief effectively.
        (f ) Exceptions.--A country shall not be eligible for cancellation
    of debt under this section if the government of the country--
                (1) has an excessive level of military expenditures;
                (2) has repeatedly provided support for acts of
            international terrorism, as determined by the Secretary of State
            under section 6( j)(1) of the Export Administration Act of 1979
            (50 U.S.C. App. 2405( j)(1)) or section 620A(a) of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2371(a));
                (3) is failing to cooperate on international narcotics
            control matters; or
                (4) (including its military or other security forces),
            engages in a consistent pattern of gross violations of
            internationally recognized human rights.

        (g) Additional Requirement.--A country which is otherwise eligible
    to receive cancellation of debt under this section may receive such
    cancellation only if the country has committed, in connection with a
    social and economic reform program--
                (1) to enable, facilitate, or encourage the implementation
            of policy changes and institutional reforms under economic
            reform programs, in a manner that ensures that such policy
            changes and institutional reforms are designed and adopted
            through transparent and participatory processes;
                (2) to adopt an integrated development strategy of the type
            described in section 1624(a) of the International Financial
            Institutions Act, to support poverty reduction through economic
            growth, that includes monitorable poverty reduction goals;
                (3) to take steps so that the financial benefits of debt
            relief are applied to programs to combat poverty (in particular
            through concrete measures to improve economic infrastructure,
            basic services in education, nutrition, and health, particularly
            treatment and prevention of the leading causes of mortality) and
            to redress environmental degradation;
                (4) to take steps to strengthen and expand the private
            sector, encourage increased trade and investment, support the
            development of free markets, and promote broad-scale economic
            growth;
                (5) to implement transparent policy making and budget
            procedures, good governance, and effective anticorruption
            measures;
                (6) to broaden public participation and popular
            understanding of the principles and goals of poverty reduction,
            particularly through economic growth, and good governance; and
                (7) to promote the participation of citizens and
            nongovernmental organizations in the economic policy choices of
            the government.

    [[Page 113 STAT. 1501A-313]]

        (h) Certain Prohibitions Inapplicable.--Except as the President may
    otherwise determine for reasons of national security, a cancellation of
    debt under this section shall not be considered to be assistance for
    purposes of any provision of law limiting assistance to a country. The
    authority to provide for cancellation of debt under this section may be
    exercised notwithstanding section 620(r) of the Foreign Assistance Act
    of 1961, or any similar provision of law.
        (i) Authorization of Appropriations.--For the cost (as defined in
    section 502(5) of the Federal Credit Reform Act of 1990) of the
    cancellation of any debt under this section, there are authorized to be
    appropriated to the President such sums as may be necessary for each of
    the fiscal years 2000 through 2004, which shall remain available until
    expended.
        ( j) Annual Reports to the Congress.--Not later than December 31 of
    each year, the President shall prepare and transmit to the Committees on
    Banking and Financial Services, Appropriations, and International
    Relations of the House of Representatives, and the Committees on
    Banking, Housing, and Urban Affairs, Foreign Relations, and
    Appropriations of the Senate a report, which shall be made available to
    the public, concerning the cancellation of debt under subsection (a),
    and a detailed description of debt relief provided by the United States
    as a member of the Paris Club of Official Creditors for the prior fiscal
    year.

    SEC. 502. ACTIONS TO IMPROVE THE PROVISION OF MULTILATERAL DEBT RELIEF.

        Title XVI of the International Financial Institutions Act (22 U.S.C.
    262p-262p-5) is amended by adding at the end the following:

    ``SEC. 1623. IMPROVEMENT OF THE HEAVILY INDEBTED POOR COUNTRIES
                INITIATIVE.

        ``(a) Improvement of the HIPC Initiative.--In order to accelerate
    multilateral debt relief and promote human and economic development and
    poverty alleviation in heavily indebted poor countries, the Congress
    urges the President to commence immediately efforts, with the Paris Club
    of Official Creditors, as well as the International Monetary Fund (IMF),
    the International Bank for Reconstruction and Development (World Bank),
    and other appropriate multilateral development institutions to
    accomplish the following modifications to the Heavily Indebted Poor
    Countries Initiative:
                ``(1) Focus on poverty reduction, good governance,
            transparency, and participation of citizens.--A country which is
            otherwise eligible to receive cancellation of debt under the
            modified Heavily Indebted Poor Countries Initiative may receive
            such cancellation only if the country has committed, in
            connection with social and economic reform programs that are
            jointly developed, financed, and administered by the World Bank
            and the IMF--
                        ``(A) to enable, facilitate, or encourage the
                    implementation of policy changes and institutional
                    reforms under economic reform programs, in a manner that
                    ensures that such policy changes and institutional
                    reforms are designed and adopted through transparent and
                    participatory processes;

    [[Page 113 STAT. 1501A-314]]

                        ``(B) to adopt an integrated development strategy to
                    support poverty reduction through economic growth, that
                    includes monitorable poverty reduction goals;
                        ``(C) to take steps so that the financial benefits
                    of debt relief are applied to programs to combat poverty
                    (in particular through concrete measures to improve
                    economic infrastructure, basic services in education,
                    nutrition, and health, particularly treatment and
                    prevention of the leading causes of mortality) and to
                    redress environmental degradation;
                        ``(D) to take steps to strengthen and expand the
                    private sector, encourage increased trade and
                    investment, support the development of free markets, and
                    promote broad-scale economic growth;
                        ``(E) to implement transparent policy making and
                    budget procedures, good governance, and effective
                    anticorruption measures;
                        ``(F) to broaden public participation and popular
                    understanding of the principles and goals of poverty
                    reduction, particularly through economic growth, and
                    good governance; and
                        ``(G) to promote the participation of citizens and
                    nongovernmental organizations in the economic policy
                    choices of the government.
                ``(2) Faster debt relief.--The Secretary of the Treasury
            should urge the IMF and the World Bank to complete a debt
            sustainability analysis by December 31, 2000, and determine
            eligibility for debt relief, for as many of the countries under
            the modified Heavily Indebted Poor Countries Initiative as
            possible.

        ``(b) Heavily Indebted Poor Countries Review.--The Secretary of the
    Treasury, after consulting with the Committees on Banking and Financial
    Services and International Relations of the House of Representatives,
    and the Committees on Foreign Relations and Banking, Housing, and Urban
    Affairs of the Senate, shall make every effort (including instructing
    the United States Directors at the IMF and World Bank) to ensure that an
    external assessment of the modified Heavily Indebted Poor Countries
    Initiative, including the reformed Enhanced Structural Adjustment
    Facility program as it relates to that Initiative, takes place by
    December 31, 2001, incorporating the views of debtor governments and
    civil society, and that such assessment be made public.
        ``(c) Definition.--The term `modified Heavily Indebted Poor
    Countries Initiative' means the multilateral debt initiative presented
    in the Report of G-7 Finance Ministers on the Koln Debt Initiative to
    the Koln Economic Summit, Cologne, Germany, held from June 18-20, 1999.

    ``SEC. 1624. REFORM OF THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY.

        ``The Secretary of the Treasury shall instruct the United States
    Executive Directors at the International Bank for Reconstruction and
    Development (World Bank) and the International Monetary Fund (IMF) to
    use the voice and vote of the United States to promote the establishment
    of poverty reduction strategy policies and procedures at the World Bank
    and the IMF that support

    [[Page 113 STAT. 1501A-315]]

    countries' efforts under programs developed and jointly administered by
    the World Bank and the IMF that have the following components:
                ``(1) The development of country-specific poverty reduction
            strategies (Poverty Reduction Strategies) under the leadership
            of such countries that--
                        ``(A) will be set out in poverty reduction strategy
                    papers (PRSPs) that provide the basis for the lending
                    operations of the International Development Association
                    (IDA) and the reformed Enhanced Structural Adjustment
                    Facility (ESAF);
                        ``(B) will reflect the World Bank's role in poverty
                    reduction and the IMF's role in macroeconomic issues;
                        ``(C) will make the IMF's and the World Bank's
                    advice and operations fully consistent with the
                    objectives of poverty reduction through broad-based
                    economic growth; and
                        ``(D) should include--
                              ``(i) implementation of transparent budgetary
                          procedures and mechanisms to help ensure that the
                          financial benefits of debt relief under the
                          modified Heavily Indebted Poor Countries
                          Initiative (as defined in section 1623) are
                          applied to programs that combat poverty; and
                              ``(ii) monitorable indicators of progress in
                          poverty reduction.
                ``(2) The adoption of procedures for periodic comprehensive
            reviews of reformed ESAF and IDA programs to help ensure
            progress toward longer-term poverty goals outlined in the
            Poverty Reduction Strategies and to allow adjustments in such
            programs.
                ``(3) The publication of the PRSPs prior to Executive Board
            review of related programs under IDA and the reformed ESAF.
                ``(4) The establishment of a standing evaluation unit at the
            IMF, similar to the Operations Evaluation Department of the
            World Bank, that would report directly to the Executive Board of
            the IMF and that would undertake periodic reviews of IMF
            operations, including the operations of the reformed ESAF,
            including--
                        ``(A) assessments of experience under the reformed
                    ESAF programs in the areas of poverty reduction,
                    economic growth, and access to basic social services;
                        ``(B) assessments of the extent and quality of
                    participation in program design by citizens;
                        ``(C) verifications that reformed ESAF programs are
                    designed in a manner consistent with the Poverty
                    Reduction Strategies; and
                        ``(D) prompt release to the public of all reviews by
                    the standing evaluation unit.
                ``(5) The promotion of clearer conditionality in IDA and
            reformed ESAF programs that focuses on reforms most likely to
            support poverty reduction through broad-based economic growth.
                ``(6) The adoption by the IMF of policies aimed at reforming
            ESAF so that reformed ESAF programs are consistent with the
            Poverty Reduction Strategies.
                ``(7) The adoption by the World Bank of policies to help
            ensure that its lending operations in countries eligible for
            debt

    [[Page 113 STAT. 1501A-316]]

            relief under the modified Heavily Indebted Poor Countries
            Initiative are consistent with the Poverty Reduction Strategies.
                ``(8) Strengthening the linkage between borrower country
            performance and lending operations by IDA and the reformed ESAF
            on the basis of clear and monitorable indictors.
                ``(9) Full public disclosure of the proposed objectives and
            financial organization of the successor to the ESAF at least 90
            days before any decision by the Executive Board of the IMF to
            consider its adoption.''.

    SEC. 503. ACTIONS TO FUND THE PROVISION OF MULTILATERAL DEBT RELIEF.

        (a) Contributions for Debt Reductions for the Poorest Countries.--
    The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is amended by
    adding at the end the following:

    ``SEC. 62. APPROVAL OF CONTRIBUTIONS FOR DEBT REDUCTIONS FOR THE POOREST
                COUNTRIES.

        ``For the purpose of mobilizing the resources of the Fund in order
    to help reduce poverty and improve the lives of residents of poor
    countries and, in particular, to allow those poor countries with
    unsustainable debt burdens to receive deeper, broader, and faster debt
    relief, without allowing gold to reach the open market or otherwise
    adversely affecting the market price of gold, the Secretary of the
    Treasury is authorized to instruct the United States Executive Director
    of the Fund to vote--
                ``(1) to approve an arrangement whereby the Fund--
                        ``(A) sells a quantity of its gold at prevailing
                    market prices to a member or members in nonpublic
                    transactions sufficient to generate 2.226 billion
                    Special Drawing Rights in profits on such sales;
                        ``(B) immediately after, and in conjunction with
                    each such sale, accepts payment by such member or
                    members of such gold to satisfy existing repurchase
                    obligations of such member or members so that the Fund
                    retains ownership of the gold at the conclusion of such
                    payment;
                        ``(C) uses the earnings on the investment of the
                    profits of such sales through a separate subaccount,
                    only for the purpose of providing debt relief from the
                    Fund under the modified Heavily Indebted Poor Countries
                    (HIPC) Initiative (as defined in section 1623 of the
                    International Financial Institutions Act); and
                        ``(D) shall not use more than \9/14\ of the earnings
                    on the investment of the profits of such sales; and
                ``(2) to support a decision that shall terminate the Special
            Contingency Account 2 (SCA-2) of the Fund so that the funds in
            the SCA-2 shall be made available to the poorest countries. Any
            funds attributable to the United States participation in SCA-2
            shall be used only for debt relief from the Fund under the
            modified HIPC Initiative.''.

        (b) Certification.--Within 15 days after the United States Executive
    Director casts the votes necessary to carry out the instruction
    described in section 62 of the Bretton Woods Agreements Act, the
    Secretary of the Treasury shall certify to the Congress that neither the
    profits nor the earnings on the investment of profits from the gold
    sales made pursuant to the instruction or of the funds attributable to
    United States participation in SCA-2 will be used to augment the
    resources of any reserve account

    [[Page 113 STAT. 1501A-317]]

    of the International Monetary Fund for the purpose of making loans.

    SEC. 504. ADDITIONAL PROVISIONS.

        (a) Publication of IMF Operational Budgets.--The Secretary of the
    Treasury shall instruct the United States Executive Director at the
    International Monetary Fund to use the voice, vote, and influence of the
    United States to urge vigorously the International Monetary Fund to
    publish the operational budgets of the International Monetary Fund, on a
    quarterly basis, not later than one year after the end of the period
    covered by the budget.
        (b) Report to the Congress Showing Costs of United States
    Participation in the International Monetary Fund.--The Secretary of the
    Treasury shall prepare and transmit to the Committees on Banking and
    Financial Services, on Appropriations, and on International Relations of
    the House of Representatives and the Committees on Banking, Housing, and
    Urban Affairs, on Foreign Relations, and on Appropriations of the Senate
    a quarterly report, which shall be made readily available to the public,
    on the costs or benefits of United States participation in the
    International Monetary Fund and which shall detail the costs and
    benefits to the United States, as well as valuation gains or losses on
    the United States reserve position in the International Monetary Fund.
        (c) Continuation of Forgoing of Reimbursement of IMF for Expenses of
    Administering ESAF.--The Secretary of the Treasury shall instruct the
    United States Executive Director at the International Monetary Fund to
    use the voice, vote, and influence of the United States to urge
    vigorously the International Monetary Fund to continue to forgo
    reimbursements of the expenses incurred by the International Monetary
    Fund in administering the Enhanced Structural Adjustment Facility, until
    the Heavily Indebted Poor Countries Initiative (as defined in section
    1623 of the International Financial Institutions Act) is terminated.
        (d) No Gold Sales by International Monetary Fund Without Prior
    Authorization by the Congress.--(1) The first sentence of section 5 of
    the Bretton Woods Agreements Act (22 U.S.C. 286c) is amended in clause
    (g) by striking ``approve either the disposition of more than 25 million
    ounces of Fund gold for the benefit of the Trust Fund established by the
    Fund on May 6, 1976, or the establishment of any additional trust fund
    whereby resources of the International Monetary Fund would be used for
    the special benefit of a single member, or of a particular segment of
    the membership, of the Fund.'' and inserting ``approve any disposition
    of Fund gold, unless the Secretary certifies to the Congress that such
    disposition is necessary for the Fund to restitute gold to its members,
    or for the Fund to provide liquidity that will enable the Fund to meet
    member country claims on the Fund or to meet threats to the systemic
    stability of the international financial system.''.
        (2) Not less than 30 days prior to the entrance by the United States
    into international negotiations for the purpose of reaching agreement on
    the disposition of Fund gold whereby resources of the Fund would be used
    for the special benefit of a single member, or of a particular segment
    of the membership of the Fund, the Secretary of the Treasury shall
    consult with the Committees on

    [[Page 113 STAT. 1501A-318]]

    Banking and Financial Services, on Appropriations, and on International
    Relations of the House of Representatives and the Committees on Foreign
    Relations, on Appropriations, and on Banking, Housing and Urban Affairs
    of the Senate.
        (e) Annual Report by GAO on Consistency of IMF Practices With
    Statutory Policies.--The Comptroller General of the United States shall
    annually prepare and submit to the Congress of the United States a
    written report on the extent to which the practices of the International
    Monetary Fund are consistent with the policies of the United States, as
    expressly contained in Federal law applicable to the International
    Monetary Fund.

                           TITLE VI--SURVIVOR BENEFITS

    SEC. 601. PAYMENT.

        (a) Payment Authorization.--The Secretary of the Treasury shall pay,
    out of funds not otherwise appropriated, $100,000 to the survivor, or
    collectively the survivors, of each of the 14 members of the Armed
    Forces and the one United States civilian Federal employee who were
    killed on April 14, 1994, when United States F-15 fighter aircraft
    mistakenly shot down two UH-60 Black Hawk helicopters over Iraq.
        (b) Survivor Status.--
                (1) Members of the armed forces insured by sgli.--In the
            case of a member of the Armed Forces described in subsection (a)
            who was insured by a Servicemembers' Group Life Insurance policy
            (issued under chapter 19 of title 38, United States Code), a
            survivor of such member for the purposes of subsection (a) shall
            be any person designated as a beneficiary on the individual's
            policy.
                (2) Individuals not insured by sgli.--In the case of a
            member of the Armed Forces described in subsection (a) who was
            not insured by a Servicemembers' Group Life Insurance policy
            (issued under chapter 19 of title 38, United States Code) or the
            civilian Federal employee described in subsection (a), a
            survivor of such member or employee for the purposes of
            subsection (a) shall be any person determined to be a survivor
            by the Secretary of the Treasury using the provisions of section
            5582(b) of title 5, United States Code.

    SEC. 602. LIMITATION ON TOTAL AMOUNT OF PAYMENT.

        Not more than a total of $1,500,000 may be paid to survivors under
    section 1.

    SEC. 603. LIMITATION ON ATTORNEY FEES.

        Notwithstanding any contract, no representative of a survivor may
    receive more than 10 percent of a payment made under section 1 for
    services rendered in connection with the survivor's claim for such
    payment. Any person who violates this section shall be guilty of an
    infraction and shall be subject to a fine in the amount provided in
    title 18, United States Code.

    SEC. 604. REPORT.

        Not later than 6 months after the date of the enactment of this Act,
    the Secretary of the Treasury shall transmit to the Congress a report
    describing the payments made under section 1.

    [[Page 113 STAT. 1501A-319]]

                       TITLE VII--MISCELLANEOUS PROVISIONS

        Sec. 701. Grant of Naturalization to Petra Lovetinska. (a) In
    General.--Notwithstanding any other provision of law, Petra Lovetinska
    shall be naturalized as a citizen of the United States upon the filing
    of the appropriate application and upon being administered the oath of
    renunciation and allegiance in an appropriate ceremony pursuant to
    section 337 of the Immigration and Nationality Act.
        (b) Deadline for Application and Payment of Fees.--Subsection (a)
    shall apply only if the application for naturalization is filed with
    appropriate fees within 1 year after the date of the enactment of this
    Act.
        Sec. 702. Trade Adjustment Assistance. (a) Assistance for Workers.--
    Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended--
                (1) in subsection (a), by striking ``June 30, 1999'' and
            inserting ``September 30, 2001''; and
                (2) in subsection (b), by striking ``June 30, 1999'' and
            inserting ``September 30, 2001''.

        (b) NAFTA Transitional Program.--Section 250(d)(2) of the Trade Act
    of 1974 (19 U.S.C. 2331(d)(2)) is amended by striking ``the period
    beginning October 1, 1998, and ending June 30, 1999, shall not exceed
    $15,000,000'' and inserting ``the period beginning October 1, 1998, and
    ending September 30, 2001, shall not exceed $30,000,000 for any fiscal
    year''.
        (c) Adjustment for Firms.--Section 256(b) of the Trade Act of 1974
    (19 U.S.C. 2346(b)) is amended by striking ``June 30, 1999'' and
    inserting ``September 30, 2001''.
        (d) Termination.--Section 285(c) of the Trade Act of 1974 (19 U.S.C.
    2271 note preceding) is amended by striking ``June 30, 1999'' each place
    it appears and inserting ``September 30, 2001''.
        (e) Effective Date.--The amendments made by this section shall be
    effective as of July 1, 1999.

    [[Page 113 STAT. 1501A-321]]

                              APPENDIX F--H.R. 3426

    SECTION 1. SHORT TITLE; AMENDMENTS TO SOCIAL SECURITY ACT; REFERENCES TO
                BBA; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``Medicare, Medicaid,
    and SCHIP Balanced Budget Refinement Act of 1999''.
        (b) Amendments to Social Security Act.--Except as otherwise
    specifically provided, whenever in this Act an amendment is expressed in
    terms of an amendment to or repeal of a section or other provision, the
    reference shall be considered to be made to that section or other
    provision of the Social Security Act.
        (c) References to the Balanced Budget Act of 1997.--In this Act, the
    term ``BBA'' means the Balanced Budget Act of 1997 (Public Law 105-33).
        (d) Table of Contents.--The table of contents of this Act is as
    follows:

    Sec. 1. Short title; amendments to Social Security Act; references to
               BBA; table of contents.

                     TITLE I--PROVISIONS RELATING TO PART A

     Subtitle A--Adjustments to PPS Payments for Skilled Nursing Facilities

    Sec. 101. Temporary increase in payment for certain high cost patients.
    Sec. 102. Authorizing facilities to elect immediate transition to
               Federal rate.
    Sec. 103. Part A pass-through payment for certain ambulance services,
               prostheses, and chemotherapy drugs.
    Sec. 104. Provision for part B add-ons for facilities participating in
               the NHCMQ demonstration project.
    Sec. 105. Special consideration for facilities serving specialized
               patient populations.
    Sec. 106. MedPAC study on special payment for facilities located in
               Hawaii and Alaska.
    Sec. 107. Study and report regarding State licensure and certification
               standards and respiratory therapy competency examinations.

                            Subtitle B--PPS Hospitals

    Sec. 111. Modification in transition for indirect medical education
               (IME) percentage adjustment.
    Sec. 112. Decrease in reductions for disproportionate share hospitals;
               data collection requirements.

                        Subtitle C--PPS-Exempt Hospitals

    Sec. 121. Wage adjustment of percentile cap for PPS-exempt hospitals.
    Sec. 122. Enhanced payments for long-term care and psychiatric hospitals
               until development of prospective payment systems for those
               hospitals.
    Sec. 123. Per discharge prospective payment system for long-term care
               hospitals.
    Sec. 124. Per diem prospective payment system for psychiatric hospitals.
    Sec. 125. Refinement of prospective payment system for inpatient
               rehabilitation services.

                            Subtitle D--Hospice Care

    Sec. 131. Temporary increase in payment for hospice care.
    Sec. 132. Study and report to Congress regarding modification of the
               payment rates for hospice care.

    [[Page 113 STAT. 1501A-322]]

                          Subtitle E--Other Provisions

    Sec. 141. MedPAC study on medicare payment for nonphysician health
               professional clinical training in hospitals.

                       Subtitle F--Transitional Provisions

    Sec. 151. Exception to CMI qualifier for one year.
    Sec. 152. Reclassification of certain counties and other areas for
               purposes of reimbursement under the medicare program.
    Sec. 153. Wage index correction.
    Sec. 154. Calculation and application of wage index floor for a certain
               area.
    Sec. 155. Special rule for certain skilled nursing facilities.

                     TITLE II--PROVISIONS RELATING TO PART B

                    Subtitle A--Hospital Outpatient Services

    Sec. 201. Outlier adjustment and transitional pass-through for certain
               medical devices, drugs, and biologicals.
    Sec. 202. Establishing a transitional corridor for application of OPD
               PPS.
    Sec. 203. Study and report to Congress regarding the special treatment
               of rural and cancer hospitals in prospective payment system
               for hospital outpatient department services.
    Sec. 204. Limitation on outpatient hospital copayment for a procedure to
               the hospital deductible amount.

                         Subtitle B--Physician Services

    Sec. 211. Modification of update adjustment factor provisions to reduce
               update oscillations and require estimate revisions.
    Sec. 212. Use of data collected by organizations and entities in
               determining practice expense relative values.
    Sec. 213. GAO study on resources required to provide safe and effective
               outpatient cancer therapy.

                           Subtitle C--Other Services

    Sec. 221. Revision of provisions relating to therapy services.
    Sec. 222. Update in renal dialysis composite rate.
    Sec. 223. Implementation of the inherent reasonableness (IR) authority.
    Sec. 224. Increase in reimbursement for pap smears.
    Sec. 225. Refinement of ambulance services demonstration project.
    Sec. 226. Phase-in of PPS for ambulatory surgical centers.
    Sec. 227. Extension of medicare benefits for immunosuppressive drugs.
    Sec. 228. Temporary increase in payment rates for durable medical
               equipment and oxygen.
    Sec. 229. Studies and reports.

                 TITLE III--PROVISIONS RELATING TO PARTS A AND B

                        Subtitle A--Home Health Services

    Sec. 301. Adjustment to reflect administrative costs not included in the
               interim payment system; GAO report on costs of compliance
               with OASIS data collection requirements.
    Sec. 302. Delay in application of 15 percent reduction in payment rates
               for home health services until one year after implementation
               of prospective payment system.
    Sec. 303. Increase in per beneficiary limits.
    Sec. 304. Clarification of surety bond requirements.
    Sec. 305. Refinement of home health agency consolidated billing.
    Sec. 306. Technical amendment clarifying applicable market basket
               increase for PPS.
    Sec. 307. Study and report to Congress regarding the exemption of rural
               agencies and populations from inclusion in the home health
               prospective payment system.

                  Subtitle B--Direct Graduate Medical Education

    Sec. 311. Use of national average payment methodology in computing
               direct graduate medical education (DGME) payments.
    Sec. 312. Initial residency period for child neurology residency
               training programs.

                        Subtitle C--Technical Corrections

    Sec. 321. BBA technical corrections.

    [[Page 113 STAT. 1501A-323]]

                       TITLE IV--RURAL PROVIDER PROVISIONS

                           Subtitle A--Rural Hospitals

    Sec. 401. Permitting reclassification of certain urban hospitals as
               rural hospitals.
    Sec. 402. Update of standards applied for geographic reclassification
               for certain hospitals.
    Sec. 403. Improvements in the critical access hospital (CAH) program.
    Sec. 404. 5-year extension of medicare dependent hospital (MDH) program.
    Sec. 405. Rebasing for certain sole community hospitals.
    Sec. 406. One year sole community hospital payment increase.
    Sec. 407. Increased flexibility in providing graduate physician training
               in rural and other areas.
    Sec. 408. Elimination of certain restrictions with respect to hospital
               swing bed program.
    Sec. 409. Grant program for rural hospital transition to prospective
               payment.
    Sec. 410. GAO study on geographic reclassification.

                       Subtitle B--Other Rural Provisions

    Sec. 411. MedPAC study of rural providers.
    Sec. 412. Expansion of access to paramedic intercept services in rural
               areas.
    Sec. 413. Promoting prompt implementation of informatics, telemedicine,
               and education demonstration project.

      TITLE V--PROVISIONS RELATING TO PART C (MEDICARE+CHOICE PROGRAM) AND
                     OTHER MEDICARE MANAGED CARE PROVISIONS

    Subtitle A--Provisions To Accommodate and Protect Medicare Beneficiaries

    Sec. 501. Changes in Medicare+Choice enrollment rules.
    Sec. 502. Change in effective date of elections and changes of elections
               of Medicare+Choice plans.
    Sec. 503. 2-year extension of medicare cost contracts.

           Subtitle B--Provisions To Facilitate Implementation of the
                             Medicare+Choice Program

    Sec. 511. Phase-in of new risk adjustment methodology; studies and
               reports on risk adjustment.
    Sec. 512. Encouraging offering of Medicare+Choice plans in areas without
               plans.
    Sec. 513. Modification of 5-year re-entry rule for contract
               terminations.
    Sec. 514. Continued computation and publication of medicare original
               fee-for-service expenditures on a county-specific basis.
    Sec. 515. Flexibility to tailor benefits under Medicare+Choice plans.
    Sec. 516. Delay in deadline for submission of adjusted community rates.
    Sec. 517. Reduction in adjustment in national per capita Medicare+Choice
               growth percentage for 2002.
    Sec. 518. Deeming of Medicare+Choice organization to meet requirements.
    Sec. 519. Timing of Medicare+Choice health information fairs.
    Sec. 520. Quality assurance requirements for preferred provider
               organization plans.
    Sec. 521. Clarification of nonapplicability of certain provisions of
               discharge planning process to Medicare+Choice plans.
    Sec. 522. User fee for Medicare+Choice organizations based on number of
               enrolled beneficiaries.
    Sec. 523. Clarification regarding the ability of a religious fraternal
               benefit society to operate any Medicare+Choice plan.
    Sec. 524. Rules regarding physician referrals for Medicare+Choice
               program.

       Subtitle C--Demonstration Projects and Special Medicare Populations

    Sec. 531. Extension of social health maintenance organization
               demonstration (SHMO) project authority.
    Sec. 532. Extension of medicare community nursing organization
               demonstration project.
    Sec. 533. Medicare+Choice competitive bidding demonstration project.
    Sec. 534. Extension of medicare municipal health services demonstration
               projects.
    Sec. 535. Medicare coordinated care demonstration project.
    Sec. 536. Medigap protections for PACE program enrollees.

       Subtitle D--Medicare+Choice Nursing and Allied Health Professional
                               Education Payments

    Sec. 541. Medicare+Choice nursing and allied health professional
               education payments.

                         Subtitle E--Studies and Reports

    Sec. 551. Report on accounting for VA and DOD expenditures for medicare
               beneficiaries.

    [[Page 113 STAT. 1501A-324]]

    Sec. 552. Medicare Payment Advisory Commission studies and reports.
    Sec. 553. GAO studies, audits, and reports.

                               TITLE VI--MEDICAID

    Sec. 601. Increase in DSH allotment for certain States and the District
               of Columbia.
    Sec. 602. Removal of fiscal year limitation on certain transitional
               administrative costs assistance.
    Sec. 603. Modification of the phase-out of payment for Federally-
               qualified health center services and rural health clinic
               services based on reasonable costs.
    Sec. 604. Parity in reimbursement for certain utilization and quality
               control services; elimination of duplicative requirements for
               external quality review of medicaid managed care
               organizations.
    Sec. 605. Inapplicability of enhanced match under the State children's
               health insurance program to medicaid DSH payments.
    Sec. 606. Optional deferment of the effective date for outpatient drug
               agreements.
    Sec. 607. Making medicaid DSH transition rule permanent.
    Sec. 608. Medicaid technical corrections.

          TITLE VII--STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP)

    Sec. 701. Stabilizing the State children's health insurance program
               allotment formula.
    Sec. 702. Increased allotments for territories under the State
               children's health insurance program.
    Sec. 703. Improved data collection and evaluations of the State
               children's health insurance program.
    Sec. 704. References to SCHIP and State children's health insurance
               program.
    Sec. 705. SCHIP technical corrections.

                     TITLE I--PROVISIONS RELATING TO PART A

     Subtitle A--Adjustments to PPS Payments for Skilled Nursing Facilities

    SEC. 101. TEMPORARY INCREASE IN PAYMENT FOR CERTAIN HIGH COST PATIENTS.

        (a) Adjustment for Medically Complex Patients Until Establishment of
    Refined Case-Mix Adjustment.--For purposes of computing payments for
    covered skilled nursing facility services under paragraph (1) of section
    1888(e) of the Social Security Act (42 U.S.C. 1395yy(e)) for such
    services furnished on or after April 1, 2000, and before the date
    described in subsection (c), the Secretary of Health and Human Services
    shall increase by 20 percent the adjusted Federal per diem rate
    otherwise determined under paragraph (4) of such section (but for this
    section) for covered skilled nursing facility services for RUG-III
    groups described in subsection (b) furnished to an individual during the
    period in which such individual is classified in such a RUG-III
    category.
        (b) Groups Described.--The RUG-III groups for which the adjustment
    described in subsection (a) applies are SE3, SE2, SE1, SSC, SSB, SSA,
    CC2, CC1, CB2, CB1, CA2, CA1, RHC, RMC, and RMB as specified in Tables 3
    and 4 of the final rule published in the Federal Register by the Health
    Care Financing Administration on July 30, 1999 (64 Fed. Reg. 41684).
        (c) Date Described.--For purposes of subsection (a), the date
    described in this subsection is the later of--
                (1) October 1, 2000; or
                (2) the date on which the Secretary implements a refined
            case mix classification system under section 1888(e)(4)(G)(i)

    [[Page 113 STAT. 1501A-325]]

            of the Social Security Act (42 U.S.C. 1395yy(e)(4)(G)(i)) to
            better account for medically complex patients.

        (d) Increase for Fiscal Years 2001 and 2002.--
                (1) In general.--For purposes of computing payments for
            covered skilled nursing facility services under paragraph (1) of
            section 1888(e) of the Social Security Act (42 U.S.C. 1395yy(e))
            for covered skilled nursing facility services furnished during
            fiscal years 2001 and 2002, the Secretary of Health and Human
            Services shall increase by 4.0 percent for each such fiscal year
            the adjusted Federal per diem rate otherwise determined under
            paragraph (4) of such section (but for this section).
                (2) Additional payment not built into the base.--The
            Secretary of Health and Human Services shall not include any
            additional payment made under this subsection in updating the
            Federal per diem rate under section 1888(e)(4) of that Act (42
            U.S.C. 1395yy(e)(4)).

    SEC. 102. AUTHORIZING FACILITIES TO ELECT IMMEDIATE TRANSITION TO
                FEDERAL RATE.

        (a) In General.--Section 1888(e) (42 U.S.C. 1395yy(e)) is amended--
                (1) in paragraph (1), in the matter preceding subparagraph
            (A), by striking ``paragraph (7)'' and inserting ``paragraphs
            (7) and (11)''; and
                (2) by adding at the end the following new paragraph:
                ``(11) Permitting facilities to waive 3-year transition.--
            Notwithstanding paragraph (1)(A), a facility may elect to have
            the amount of the payment for all costs of covered skilled
            nursing facility services for each day of such services
            furnished in cost reporting periods beginning no earlier than 30
            days before the date of such election determined pursuant to
            paragraph (1)(B).''.

        (b) Effective Date.--The amendments made by subsection (a) shall
    apply to elections made on or after December 15, 1999, except that no
    election shall be effective under such amendments for a cost reporting
    period beginning before January 1, 2000.

    SEC. 103. PART A PASS-THROUGH PAYMENT FOR CERTAIN AMBULANCE SERVICES,
                PROSTHESES, AND CHEMOTHERAPY DRUGS.

        (a) In General.--Section 1888(e) (42 U.S.C. 1395yy(e)) is amended--
                (1) in paragraph (2)(A)(i)(II), by striking ``services
            described in clause (ii)'' and inserting ``items and services
            described in clauses (ii) and (iii)'';
                (2) by adding at the end of paragraph (2)(A) the following
            new clause:
                              ``(iii) Exclusion of certain additional items
                          and services.--Items and services described in
                          this clause are the following:
                                        ``(I) Ambulance services furnished
                                    to an individual in conjunction with
                                    renal dialysis services described in
                                    section 1861(s)(2)(F).
                                        ``(II) Chemotherapy items
                                    (identified as of July 1, 1999, by HCPCS
                                    codes J9000-J9020; J9040-J9151; J9170-
                                    J9185; J9200-J9201; J9206-J9208; J9211;
                                    J9230-J9245; and J9265-J9600 (and as
                                    subsequently modified by the Secretary))
                                    and any

    [[Page 113 STAT. 1501A-326]]

                                    additional chemotherapy items identified
                                    by the Secretary.
                                        ``(III) Chemotherapy administration
                                    services (identified as of July 1, 1999,
                                    by HCPCS codes 36260-36262; 36489;
                                    36530-36535; 36640; 36823; and 96405-
                                    96542 (and as subsequently modified by
                                    the Secretary)) and any additional
                                    chemotherapy administration services
                                    identified by the Secretary.
                                        ``(IV) Radioisotope services
                                    (identified as of July 1, 1999, by HCPCS
                                    codes 79030-79440 (and as subsequently
                                    modified by the Secretary)) and any
                                    additional radioisotope services
                                    identified by the Secretary.
                                        ``(V) Customized prosthetic devices
                                    (commonly known as artificial limbs or
                                    components of artificial limbs) under
                                    the following HCPCS codes (as of July 1,
                                    1999 (and as subsequently modified by
                                    the Secretary)), and any additional
                                    customized prosthetic devices identified
                                    by the Secretary, if delivered to an
                                    inpatient for use during the stay in the
                                    skilled nursing facility and intended to
                                    be used by the individual after
                                    discharge from the facility: L5050-
                                    L5340; L5500-L5611; L5613-L5986; L5988;
                                    L6050-L6370; L6400-L6880; L6920-L7274;
                                    and L7362-7366.''; and
                (3) by adding at the end of paragraph (9) the following:
            ``In the case of an item or service described in clause (iii) of
            paragraph (2)(A) that would be payable under part A but for the
            exclusion of such item or service under such clause, payment
            shall be made for the item or service, in an amount otherwise
            determined under part B of this title for such item or service,
            from the Federal Hospital Insurance Trust Fund under section
            1817 (rather than from the Federal Supplementary Medical
            Insurance Trust Fund under section 1841).''.

        (b) Conforming for Budget Neutrality Beginning With Fiscal Year
    2001.--
                (1) In general.--Section 1888(e)(4)(G) (42 U.S.C.
            1395yy(e)(4)(G)) is amended by adding at the end the following
            new clause:
                              ``(iii) Adjustment for exclusion of certain
                          additional items and services.--The Secretary
                          shall provide for an appropriate proportional
                          reduction in payments so that beginning with
                          fiscal year 2001, the aggregate amount of such
                          reductions is equal to the aggregate increase in
                          payments attributable to the exclusion effected
                          under clause (iii) of paragraph (2)(A).''.
                (2) Conforming amendment.--Section 1888(e)(8)(A) (42 U.S.C.
            1395yy(e)(8)(A)) is amended by striking ``and adjustments for
            variations in labor-related costs under paragraph (4)(G)(ii)''
            and inserting ``adjustments for variations in labor-related
            costs under paragraph (4)(G)(ii), and adjustments under
            paragraph (4)(G)(iii)''.

        (c) Effective Date.--The amendments made by subsection (a) shall
    apply to payments made for items and services furnished on or after
    April 1, 2000.

    [[Page 113 STAT. 1501A-327]]

    SEC. 104. PROVISION FOR PART B ADD-ONS FOR FACILITIES PARTICIPATING IN
                THE NHCMQ DEMONSTRATION PROJECT.

        (a) In General.--Section 1888(e)(3) (42 U.S.C. 1395yy(e)(3)) is
    amended--
                (1) in subparagraph (A)--
                        (A) in clause (i), by inserting ``or, in the case of
                    a facility participating in the Nursing Home Case-Mix
                    and Quality Demonstration (RUGS-III), the RUGS-III rate
                    received by the facility during the cost reporting
                    period beginning in 1997'' after ``to non-settled cost
                    reports''; and
                        (B) in clause (ii), by striking ``furnished during
                    such period'' and inserting ``furnished during the
                    applicable cost reporting period described in clause
                    (i)''; and
                (2) by striking subparagraph (B) and inserting the following
            new subparagraph:
                        ``(B) Update to first cost reporting period.--The
                    Secretary shall update the amount determined under
                    subparagraph (A), for each cost reporting period after
                    the applicable cost reporting period described in
                    subparagraph (A)(i) and up to the first cost reporting
                    period by a factor equal to the skilled nursing facility
                    market basket percentage increase minus 1.0 percentage
                    point.''.

        (b) Effective Date.--The amendments made by subsection (a) shall be
    effective as if included in the enactment of section 4432(a) of BBA.

    SEC. 105. SPECIAL CONSIDERATION FOR FACILITIES SERVING SPECIALIZED
                PATIENT POPULATIONS.

        (a) In General.--Section 1888(e) (42 U.S.C. 1395yy(e)), as amended
    by section 102(a)(1), is further amended--
                (1) in paragraph (1), by striking ``subject to paragraphs
            (7) and (11)'' and inserting ``subject to paragraphs (7), (11),
            and (12)''; and
                (2) by adding at the end the following new paragraph:
                ``(12) Payment rule for certain facilities.--
                        ``(A) In general.--In the case of a qualified acute
                    skilled nursing facility described in subparagraph (B),
                    the per diem amount of payment shall be determined by
                    applying the non-Federal percentage and Federal
                    percentage specified in paragraph (2)(C)(ii).
                        ``(B) Facility described.--For purposes of
                    subparagraph (A), a qualified acute skilled nursing
                    facility is a facility that--
                              ``(i) was certified by the Secretary as a
                          skilled nursing facility eligible to furnish
                          services under this title before July 1, 1992;
                              ``(ii) is a hospital-based facility; and
                              ``(iii) for the cost reporting period
                          beginning in fiscal year 1998, the facility had
                          more than 60 percent of total patient days
                          comprised of patients who are described in
                          subparagraph (C).
                        ``(C) Description of patients.--For purposes of
                    subparagraph (B), a patient described in this
                    subparagraph is an individual who--
                              ``(i) is entitled to benefits under part A;
                          and

    [[Page 113 STAT. 1501A-328]]

                              ``(ii) is immuno-compromised secondary to an
                          infectious disease, with specific diagnoses as
                          specified by the Secretary.''.

        (b) Effective Date.--The amendments made by subsection (a) shall
    apply for the period beginning on the date on which the first cost
    reporting period of the facility begins after the date of the enactment
    of this Act and ending on September 30, 2001, and applies to skilled
    nursing facilities furnishing covered skilled nursing facility services
    on the date of the enactment of this Act for which payment is made under
    title XVIII of the Social Security Act.
        (c) Report to Congress.--Not later than March 1, 2001, the Secretary
    of Health and Human Services shall assess the resource use of patients
    of skilled nursing facilities furnishing services under the medicare
    program who are immuno-compromised secondary to an infectious disease,
    with specific diagnoses as specified by the Secretary (under paragraph
    (12)(C), as added by subsection (a), of section 1888(e) of the Social
    Security Act (42 U.S.C. 1395yy(e))) to determine whether any permanent
    adjustments are needed to the RUGs to take into account the resource
    uses and costs of these patients.

    SEC. 106. MEDPAC STUDY ON SPECIAL PAYMENT FOR FACILITIES LOCATED IN
                HAWAII AND ALASKA.

        (a) In General.--The Medicare Payment Advisory Commission shall
    conduct a study of skilled nursing facilities furnishing covered skilled
    nursing facility services (as defined in section 1888(e)(2)(A) of the
    Social Security Act (42 U.S.C. 1395yy(e)(2)(A)) to determine the need
    for an additional payment amount under section 1888(e)(4)(G) of such Act
    (42 U.S.C. 1395yy(e)(4)(G)) to take into account the unique
    circumstances of skilled nursing facilities located in Alaska and
    Hawaii.
        (b) Report.--Not later than 18 months after the date of the
    enactment of this Act, the Medicare Payment Advisory Commission shall
    submit a report to Congress on the study conducted under subsection (a).

    SEC. 107. STUDY AND REPORT REGARDING STATE LICENSURE AND CERTIFICATION
                STANDARDS AND RESPIRATORY THERAPY COMPETENCY EXAMINATIONS.

        (a) Study.--The Secretary of Health and Human Services shall conduct
    a study that--
                (1) identifies variations in State licensure and
            certification standards for health care providers (including
            nursing and allied health professionals) and other individuals
            providing respiratory therapy in skilled nursing facilities;
                (2) examines State requirements relating to respiratory
            therapy competency examinations for such providers and
            individuals; and
                (3) determines whether regular respiratory therapy
            competency examinations or certifications should be required
            under the medicare program under title XVIII of the Social
            Security Act (42 U.S.C. 1395 et seq.) for such providers and
            individuals.

        (b) Report.--Not later than 18 months after the date of enactment of
    this Act, the Secretary of Health and Human Services shall submit to
    Congress a report on the results of the study conducted under this
    section, together with any recommendations

    [[Page 113 STAT. 1501A-329]]

    for legislation that the Secretary determines to be appropriate as a
    result of such study.

                            Subtitle B--PPS Hospitals

    SEC. 111. MODIFICATION IN TRANSITION FOR INDIRECT MEDICAL EDUCATION
                (IME) PERCENTAGE ADJUSTMENT.

        (a) In General.--Section 1886(d)(5)(B)(ii) (42 U.S.C.
    1395ww(d)(5)(B)(ii)) is amended--
                (1) in subclause (IV), by striking ``and'' at the end;
                (2) by redesignating subclause (V) as subclause (VI);
                (3) by inserting after subclause (IV) the following new
            subclause:
                              ``(V) during fiscal year 2001, `c' is equal to
                          1.54; and''; and
                (4) in subclause (VI), as so redesignated, by striking
            ``2000'' and inserting ``2001''.

        (b) Special Payments To Maintain 6.5 Percent IME Payment for Fiscal
    Year 2000.--
                (1) Additional payment.--In addition to payments made to
            each subsection (d) hospital (as defined in section
            1886(d)(1)(B) of the Social Security Act (42 U.S.C.
            1395ww(d)(1)(B)) under section 1886(d)(5)(B) of such Act (42
            U.S.C. 1395ww(d)(5)(B))) which receives payment for the direct
            costs of medical education for discharges occurring in fiscal
            year 2000, the Secretary of Health and Human Services shall make
            one or more payments to each such hospital in an amount which,
            as estimated by the Secretary, is equal in the aggregate to the
            difference between the amount of payments to the hospital under
            such section for such discharges and the amount of payments that
            would have been paid under such section for such discharges if
            ``c'' in clause (ii)(IV) of such section equalled 1.6 rather
            than 1.47. Additional payments made under this subsection shall
            be made applying the same structure as applies to payments made
            under section 1886(d)(5)(B) of such Act.
                (2) No effect on other payments or determinations.--In
            making such additional payments, the Secretary shall not change
            payments, determinations, or budget neutrality adjustments made
            for such period under section 1886(d) of such Act (42 U.S.C.
            1395ww(d)).

        (c) Conforming Amendment Relating to Determination of Standardized
    Amount.--Section 1886(d)(2)(C)(i) (42 U.S.C. 1395ww(d)(2)(C)(i)) is
    amended by inserting ``or any additional payments under such paragraph
    resulting from the application of section 111 of the Medicare, Medicaid,
    and SCHIP Balanced Budget Refinement Act of 1999'' after ``Balanced
    Budget Act of 1997''.

    SEC. 112. DECREASE IN REDUCTIONS FOR DISPROPORTIONATE SHARE HOSPITALS;
                DATA COLLECTION REQUIREMENTS.

        (a) In General.--Section 1886(d)(5)(F)(ix) (42 U.S.C.
    1395ww(d)(5)(F)(ix)) is amended--
                (1) in subclause (III), by striking ``during fiscal year
            2000'' and inserting ``during each of fiscal years 2000 and
            2001'';
                (2) by striking subclause (IV);

    [[Page 113 STAT. 1501A-330]]

                (3) by redesignating subclauses (V) and (VI) as subclauses
            (IV) and (V), respectively; and
                (4) in subclause (IV), as so redesignated, by striking
            ``reduced by 5 percent'' and inserting ``reduced by 4 percent''.

        (b) Data Collection.--
                (1) In general.--The Secretary of Health and Human Services
            shall require any subsection (d) hospital (as defined in section
            1886(d)(1)(B) of the Social Security Act (42 U.S.C.
            1395ww(d)(1)(B))) to submit to the Secretary, in the cost
            reports submitted to the Secretary by such hospital for
            discharges occurring during a fiscal year, data on the costs
            incurred by the hospital for providing inpatient and outpatient
            hospital services for which the hospital is not compensated,
            including non-medicare bad debt, charity care, and charges for
            medicaid and indigent care.
                (2) Effective date.--The Secretary shall require the
            submission of the data described in paragraph (1) in cost
            reports for cost reporting periods beginning on or after October
            1, 2001.

                        Subtitle C--PPS-Exempt Hospitals

    SEC. 121. WAGE ADJUSTMENT OF PERCENTILE CAP FOR PPS-EXEMPT HOSPITALS.

        (a) In General.--Section 1886(b)(3)(H) (42 U.S.C. 1395ww(b)(3)(H))
    is amended--
                (1) in clause (i), by inserting ``, as adjusted under clause
            (iii)'' before the period;
                (2) in clause (ii), by striking ``clause (i)'' and ``such
            clause'' and inserting ``subclause (I)'' and ``such subclause''
            respectively;
                (3) by striking ``(H)(i)'' and inserting ``(ii)(I)'';
                (4) by redesignating clauses (ii) and (iii) as subclauses
            (II) and (III);
                (5) by inserting after clause (ii), as so redesignated, the
            following new clause:

        ``(iii) In applying clause (ii)(I) in the case of a hospital or
    unit, the Secretary shall provide for an appropriate adjustment to the
    labor-related portion of the amount determined under such subparagraph
    to take into account differences between average wage-related costs in
    the area of the hospital and the national average of such costs within
    the same class of hospital.''; and
                (6) by inserting before clause (ii), as so redesignated, the
            following new clause:

        ``(H)(i) In the case of a hospital or unit that is within a class of
    hospital described in clause (iv), for a cost reporting period beginning
    during fiscal years 1998 through 2002, the target amount for such a
    hospital or unit may not exceed the amount as updated up to or for such
    cost reporting period under clause (ii).''.
        (b) Effective Date.--The amendments made by subsection (a) apply to
    cost reporting periods beginning on or after October 1, 1999.

    [[Page 113 STAT. 1501A-331]]

    SEC. 122. ENHANCED PAYMENTS FOR LONG-TERM CARE AND PSYCHIATRIC HOSPITALS
                UNTIL DEVELOPMENT OF PROSPECTIVE PAYMENT SYSTEMS FOR THOSE
                HOSPITALS.

        Section 1886(b)(2) (42 U.S.C. 1395ww(b)(2)) is amended--
                (1) in subparagraph (A), by striking ``In addition to'' and
            inserting ``Except as provided in subparagraph (E), in addition
            to''; and
                (2) by adding at the end the following new subparagraph:

        ``(E)(i) In the case of an eligible hospital that is a hospital or
    unit that is within a class of hospital described in clause (ii) with a
    12-month cost reporting period beginning before the enactment of this
    subparagraph, in determining the amount of the increase under
    subparagraph (A), the Secretary shall substitute for the percentage of
    the target amount applicable under subparagraph (A)(ii)--
                ``(I) for a cost reporting period beginning on or after
            October 1, 2000, and before September 30, 2001, 1.5 percent; and
                ``(II) for a cost reporting period beginning on or after
            October 1, 2001, and before September 30, 2002, 2 percent.

        ``(ii) For purposes of clause (i), each of the following shall be
    treated as a separate class of hospital:
                ``(I) Hospitals described in clause (i) of subsection
            (d)(1)(B) and psychiatric units described in the matter
            following clause (v) of such subsection.
                ``(II) Hospitals described in clause (iv) of such
            subsection.''.

    SEC. 123. PER DISCHARGE PROSPECTIVE PAYMENT SYSTEM FOR LONG-TERM CARE
                HOSPITALS.

        (a) Development of System.--
                (1) In general.--The Secretary of Health and Human Services
            shall develop a per discharge prospective payment system for
            payment for inpatient hospital services of long-term care
            hospitals described in section 1886(d)(1)(B)(iv) of the Social
            Security Act (42 U.S.C. 1395ww(d)(1)(B)(iv)) under the medicare
            program. Such system shall include an adequate patient
            classification system that is based on diagnosis-related groups
            (DRGs) and that reflects the differences in patient resource use
            and costs, and shall maintain budget neutrality.
                (2) Collection of data and evaluation.--In developing the
            system described in paragraph (1), the Secretary may require
            such long-term care hospitals to submit such information to the
            Secretary as the Secretary may require to develop the system.

        (b) Report.--Not later than October 1, 2001, the Secretary shall
    submit to the appropriate committees of Congress a report that includes
    a description of the system developed under subsection (a)(1).
        (c) Implementation of Prospective Payment System.--Notwithstanding
    section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)),
    the Secretary shall provide, for cost reporting periods beginning on or
    after October 1, 2002, for payments for inpatient hospital services
    furnished by long-term care hospitals under title XVIII of the Social
    Security Act (42 U.S.C. 1395 et seq.) in accordance with the system
    described in subsection (a).

    [[Page 113 STAT. 1501A-332]]

    SEC. 124. PER DIEM PROSPECTIVE PAYMENT SYSTEM FOR PSYCHIATRIC HOSPITALS.

        (a) Development of System.--
                (1) In general.--The Secretary of Health and Human Services
            shall develop a per diem prospective payment system for payment
            for inpatient hospital services of psychiatric hospitals and
            units (as defined in paragraph (3)) under the medicare program.
            Such system shall include an adequate patient classification
            system that reflects the differences in patient resource use and
            costs among such hospitals and shall maintain budget neutrality.
                (2) Collection of data and evaluation.--In developing the
            system described in paragraph (1), the Secretary may require
            such psychiatric hospitals and units to submit such information
            to the Secretary as the Secretary may require to develop the
            system.
                (3) Definition.--In this section, the term ``psychiatric
            hospitals and units'' means a psychiatric hospital described in
            clause (i) of section 1886(d)(1)(B) of the Social Security Act
            (42 U.S.C. 1395ww(d)(1)(B)) and psychiatric units described in
            the matter following clause (v) of such section.

        (b) Report.--Not later than October 1, 2001, the Secretary shall
    submit to the appropriate committees of Congress a report that includes
    a description of the system developed under subsection (a)(1).
        (c) Implementation of Prospective Payment System.--Notwithstanding
    section 1886(b)(3) of the Social Security Act (42 U.S.C. 1395ww(b)(3)),
    the Secretary shall provide, for cost reporting periods beginning on or
    after October 1, 2002, for payments for inpatient hospital services
    furnished by psychiatric hospitals and units under title XVIII of the
    Social Security Act (42 U.S.C. 1395 et seq.) in accordance with the
    prospective payment system established by the Secretary under this
    section in a budget neutral manner.

    SEC. 125. REFINEMENT OF PROSPECTIVE PAYMENT SYSTEM FOR INPATIENT
                REHABILITATION SERVICES.

        (a) Use of Discharge as Payment Unit.--
                (1) In general.--Section 1886(j)(1)(D) (42 U.S.C.
            1395ww(j)(1)(D)) is amended by striking ``, day of inpatient
            hospital services, or other unit of payment defined by the
            Secretary''.
                (2) Conforming amendment to classification.--Section
            1886(j)(2)(A)(i) (42 U.S.C. 1395ww(j)(2)(A)(i)) is amended to
            read as follows:
                              ``(i) classes of patient discharges of
                          rehabilitation facilities by functional-related
                          groups (each in this subsection referred to as a
                          `case mix group'), based on impairment, age,
                          comorbidities, and functional capability of the
                          patient and such other factors as the Secretary
                          deems appropriate to improve the explanatory power
                          of functional independence measure-function
                          related groups; and''.
                (3) Construction relating to transfer authority.--Section
            1886(j)(1) (42 U.S.C. 1395ww(j)(1)) is amended by adding at the
            end the following new subparagraph:
                        ``(E) Construction relating to transfer authority.--
                    Nothing in this subsection shall be construed

    [[Page 113 STAT. 1501A-333]]

                    as preventing the Secretary from providing for an
                    adjustment to payments to take into account the early
                    transfer of a patient from a rehabilitation facility to
                    another site of care.''.

        (b) Study on Impact of Implementation of Prospective Payment
    System.--
                (1) Study.--The Secretary of Health and Human Services shall
            conduct a study of the impact on utilization and beneficiary
            access to services of the implementation of the medicare
            prospective payment system for inpatient hospital services or
            rehabilitation facilities under section 1886(j) of the Social
            Security Act (42 U.S.C. 1395ww(j)).
                (2) Report.--Not later than 3 years after the date such
            system is first implemented, the Secretary shall submit to
            Congress a report on such study.

        (c) Effective Date.--The amendments made by subsection (a) are
    effective as if included in the enactment of section 4421(a) of BBA.

                            Subtitle D--Hospice Care

    SEC. 131. TEMPORARY INCREASE IN PAYMENT FOR HOSPICE CARE.

        (a) Increase for Fiscal Years 2001 and 2002.--For purposes of
    payments under section 1814(i)(1)(C) of the Social Security Act (42
    U.S.C. 1395f(i)(1)(C)) for hospice care furnished during fiscal years
    2001 and 2002, the Secretary of Health and Human Services shall increase
    the payment rate in effect (but for this section) for--
                (1) fiscal year 2001, by 0.5 percent, and
                (2) fiscal year 2002, by 0.75 percent.

        (b) Additional Payment Not Built Into the Base.--The Secretary of
    Health and Human Services shall not include any additional payment made
    under this subsection (a) in updating the payment rate, as increased by
    the applicable market basket percentage increase for the fiscal year
    involved under section 1814(i)(1)(C)(ii) of that Act (42 U.S.C.
    1395f(i)(1)(C)(ii)).

    SEC. 132. STUDY AND REPORT TO CONGRESS REGARDING MODIFICATION OF THE
                PAYMENT RATES FOR HOSPICE CARE.

        (a) Study.--The Comptroller General of the United States shall
    conduct a study to determine the feasibility and advisability of
    updating the payment rates and the cap amount determined with respect to
    a fiscal year under section 1814(i) of the Social Security Act (42
    U.S.C. 1395f(i)) for routine home care and other services included in
    hospice care. Such study shall examine the cost factors used to
    determine such rates and such amount and shall evaluate whether such
    factors should be modified, eliminated, or supplemented with additional
    cost factors.
        (b) Report.--Not later than one year after the date of enactment of
    this Act, the Comptroller General of the United States shall submit to
    Congress a report on the study conducted under subsection (a), together
    with any recommendations for legislation that the Comptroller General
    determines to be appropriate as a result of such study.

    [[Page 113 STAT. 1501A-334]]

                          Subtitle E--Other Provisions

    SEC. 141. MEDPAC STUDY ON MEDICARE PAYMENT FOR NONPHYSICIAN HEALTH
                PROFESSIONAL CLINICAL TRAINING IN HOSPITALS.

        (a) In General.--The Medicare Payment Advisory Commission shall
    conduct a study of medicare payment policy with respect to professional
    clinical training of different classes of nonphysician health care
    professionals (such as nurses, nurse practitioners, allied health
    professionals, physician assistants, and psychologists) and the basis
    for any differences in treatment among such classes.
        (b) Report.--Not later than 18 months after the date of the
    enactment of this Act, the Commission shall submit a report to Congress
    on the study conducted under subsection (a).

                       Subtitle F--Transitional Provisions

    SEC. 151. EXCEPTION TO CMI QUALIFIER FOR ONE YEAR.

        Notwithstanding any other provision of law, for purposes of fiscal
    year 2000, the Northwest Mississippi Regional Medical Center located in
    Clarksdale, Mississippi shall be deemed to have satisfied the case mix
    index criteria under section 1886(d)(5)(C)(ii) of the Social Security
    Act (42 U.S.C. 1395ww(d)(5)(C)(ii)) for classification as a rural
    referral center.

    SEC. 152. RECLASSIFICATION OF CERTAIN COUNTIES AND AREAS FOR PURPOSES OF
                REIMBURSEMENT UNDER THE MEDICARE PROGRAM.

        (a) Fiscal Year 2000.--Notwithstanding any other provision of law,
    effective for discharges occurring during fiscal year 2000, for purposes
    of making payments under section 1886(d) of the Social Security Act (42
    U.S.C. 1395ww(d))--
                (1) to hospitals in Iredell County, North Carolina, such
            county is deemed to be located in the Charlotte-Gastonia-Rock
            Hill, North Carolina-South Carolina Metropolitan Statistical
            Area;
                (2) to hospitals in Orange County, New York, the large urban
            area of New York, New York is deemed to include such county;
                (3) to hospitals in Lake County, Indiana, and to hospitals
            in Lee County, Illinois, such counties are deemed to be located
            in the Chicago, Illinois Metropolitan Statistical Area;
                (4) to hospitals in Hamilton-Middletown, Ohio, Hamilton-
            Middletown, Ohio, is deemed to be located in the Cincinnati,
            Ohio-Kentucky-Indiana Metropolitan Statistical Area;
                (5) to hospitals in Brazoria County, Texas, such county is
            deemed to be located in the Houston, Texas Metropolitan
            Statistical Area; and
                (6) to hospitals in Chittenden County, Vermont, such county
            is deemed to be located in the Boston-Worcester-Lawrence-Lowell-
            Brockton, Massachusetts-New Hampshire Metropolitan Statistical
            Area.

        (b) Fiscal Year 2001.--Notwithstanding any other provision of law,
    effective for discharges occurring during fiscal year 2001,

    [[Page 113 STAT. 1501A-335]]

    for purposes of making payments under section 1886(d) of the Social
    Security Act (42 U.S.C. 1395ww(d))--
                (1) Iredell County, North Carolina is deemed to be located
            in the Charlotte-Gastonia-Rock Hill, North Carolina-South
            Carolina Metropolitan Statistical Area;
                (2) the large urban area of New York, New York is deemed to
            include Orange County, New York;
                (3) Lake County, Indiana, and Lee County, Illinois, are
            deemed to be located in the Chicago, Illinois Metropolitan
            Statistical Area;
                (4) Hamilton-Middletown, Ohio, is deemed to be located in
            the Cincinnati, Ohio-Kentucky-Indiana Metropolitan Statistical
            Area;
                (5) Brazoria County, Texas, is deemed to be located in the
            Houston, Texas Metropolitan Statistical Area; and
                (6) Chittenden County, Vermont is deemed to be located in
            the Boston-Worcester-Lawrence-Lowell-Brockton, Massachusetts-New
            Hampshire Metropolitan Statistical Area.

    For purposes of that section, any reclassification under this subsection
    shall be treated as a decision of the Medicare Geographic Classification
    Review Board under paragraph (10) of that section.

    SEC. 153. WAGE INDEX CORRECTION.

        Notwithstanding any other provision of section 1886(d) of the Social
    Security Act (42 U.S.C. 1395ww(d)), the Secretary of Health and Human
    Services shall calculate and apply the Hattiesburg, Mississippi
    Metropolitan Statistical Area wage index under that section for
    discharges occurring during fiscal year 2000 using fiscal year 1996 wage
    and hour data for Wesley Medical Center for purposes of payment under
    that section for that fiscal year. Such recalculation shall not affect
    the wage index for any other area.

    SEC. 154. CALCULATION AND APPLICATION OF WAGE INDEX FLOOR FOR A CERTAIN
                AREA.

        (a) Fiscal Year 2000.--Notwithstanding any other provision of
    section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)), for
    discharges occurring during fiscal year 2000, the Secretary of Health
    and Human Services shall calculate and apply the wage index for the
    Allentown-Bethlehem-Easton Metropolitan Statistical Area under that
    section as if the Lehigh Valley Hospital were classified in such area
    for purposes of payment under that section for such fiscal year. Such
    recalculation shall not affect the wage index for any other area.
        (b) Fiscal Year 2001.--Notwithstanding any other provision of
    section 1886(d) of the Social Security Act (42 U.S.C. 1395ww(d)), in
    calculating and applying the wage indices under that section for
    discharges occurring during fiscal year 2001, Lehigh Valley Hospital
    shall be treated as being classified in the Allentown-Bethlehem-Easton
    Metropolitan Statistical Area.

    SEC. 155. SPECIAL RULE FOR CERTAIN SKILLED NURSING FACILITIES.

        (a) In General.--Notwithstanding any provision of section 1888(e) of
    the Social Security Act (42 U.S.C. 1395yy(e)), for the cost reporting
    period beginning in fiscal year 2000 and for the cost reporting period
    beginning in fiscal year 2001, if a skilled nursing facility which meets
    the criteria described in subsection (b) elects to be paid in accordance
    with subsection (c), the Secretary of Health and Human Services shall
    establish a per diem payment

    [[Page 113 STAT. 1501A-336]]

    amount for such facility according to the methodology described in
    subsection (c) for such cost reporting periods in lieu of the payment
    amount that would otherwise be established for such facility under
    section 1888(e)(1) of such Act (42 U.S.C. 1395yy(e)(1)).
        (b) Facility Eligibility Criteria.--For purposes of this subsection,
    a skilled nursing facility is one--
                (1) that began participation in the Medicare program under
            title XVIII of the Social Security Act before January 1, 1995;
                (2) for which at least 80 percent of the total inpatient
            days of the facility in the cost reporting period beginning in
            fiscal year 1998 were comprised of individuals entitled to
            benefits under such title; and
                (3) that is located in Baldwin or Mobile County, Alabama.

        (c) Determination of Per Diem Amount.--For purposes of subsection
    (a), the per diem payment amount shall be equal to 100 percent of the
    amount determined under section 1888(e)(3) of the Social Security Act
    (42 U.S.C. 1395yy(e)(3)) except that, in determining such amount, the
    Secretary shall--
                (1) substitute the allowable costs of the facility for the
            cost reporting period beginning in fiscal year 1998 for those
            allowable costs of the cost reporting period beginning in fiscal
            year 1995; and
                (2) exclude the update to the first cost reporting period
            (from fiscal year 1995 to fiscal year 1998) described in section
            1888(e)(3)(B)(i) of such Act (42 U.S.C. 1395yy(e)(3)(B)(i)).

                     TITLE II--PROVISIONS RELATING TO PART B

                    Subtitle A--Hospital Outpatient Services

    SEC. 201. OUTLIER ADJUSTMENT AND TRANSITIONAL PASS-THROUGH FOR CERTAIN
                MEDICAL DEVICES, DRUGS, AND BIOLOGICALS.

        (a) Outlier Adjustment.--Section 1833(t) (42 U.S.C. 1395l(t)) is
    amended--
                (1) by redesignating paragraphs (5) through (9) as
            paragraphs (7) through (11), respectively; and
                (2) by inserting after paragraph (4) the following new
            paragraph:
                ``(5) Outlier adjustment.--
                        ``(A) In general.--Subject to subparagraph (D), the
                    Secretary shall provide for an additional payment for
                    each covered OPD service (or group of services) for
                    which a hospital's charges, adjusted to cost, exceed--
                              ``(i) a fixed multiple of the sum of--
                                        ``(I) the applicable medicare OPD
                                    fee schedule amount determined under
                                    paragraph (3)(D), as adjusted under
                                    paragraph (4)(A) (other than for
                                    adjustments under this paragraph or
                                    paragraph (6)); and
                                        ``(II) any transitional pass-through
                                    payment under paragraph (6); and
                              ``(ii) at the option of the Secretary, such
                          fixed dollar amount as the Secretary may
                          establish.

    [[Page 113 STAT. 1501A-337]]

                        ``(B) Amount of adjustment.--The amount of the
                    additional payment under subparagraph (A) shall be
                    determined by the Secretary and shall approximate the
                    marginal cost of care beyond the applicable cutoff point
                    under such subparagraph.
                        ``(C) Limit on aggregate outlier adjustments.--
                              ``(i) In general.--The total of the additional
                          payments made under this paragraph for covered OPD
                          services furnished in a year (as estimated by the
                          Secretary before the beginning of the year) may
                          not exceed the applicable percentage (specified in
                          clause (ii)) of the total program payments
                          estimated to be made under this subsection for all
                          covered OPD services furnished in that year. If
                          this paragraph is first applied to less than a
                          full year, the previous sentence shall apply only
                          to the portion of such year.
                              ``(ii) Applicable percentage.--For purposes of
                          clause (i), the term `applicable percentage' means
                          a percentage specified by the Secretary up to (but
                          not to exceed)--
                                        ``(I) for a year (or portion of a
                                    year) before 2004, 2.5 percent; and
                                        ``(II) for 2004 and thereafter, 3.0
                                    percent.
                        ``(D) Transitional authority.--In applying
                    subparagraph (A) for covered OPD services furnished
                    before January 1, 2002, the Secretary may--
                              ``(i) apply such subparagraph to a bill for
                          such services related to an outpatient encounter
                          (rather than for a specific service or group of
                          services) using OPD fee schedule amounts and
                          transitional pass-through payments covered under
                          the bill; and
                              ``(ii) use an appropriate cost-to-charge ratio
                          for the hospital involved (as determined by the
                          Secretary), rather than for specific departments
                          within the hospital.''.

        (b) Transitional Pass-Through for Additional Costs of Innovative
    Medical Devices, Drugs, and Biologicals.--Such section is further
    amended by inserting after paragraph (5) the following new paragraph:
                ``(6) Transitional pass-through for additional costs of
            innovative medical devices, drugs, and biologicals.--
                        ``(A) In general.--The Secretary shall provide for
                    an additional payment under this paragraph for any of
                    the following that are provided as part of a covered OPD
                    service (or group of services):
                              ``(i) Current orphan drugs.--A drug or
                          biological that is used for a rare disease or
                          condition with respect to which the drug or
                          biological has been designated as an orphan drug
                          under section 526 of the Federal Food, Drug and
                          Cosmetic Act if payment for the drug or biological
                          as an outpatient hospital service under this part
                          was being made on the first date that the system
                          under this subsection is implemented.
                              ``(ii) Current cancer therapy drugs and
                          biologicals and brachytherapy.--A drug or
                          biological that is used in cancer therapy,
                          including (but not limited to) a chemotherapeutic
                          agent, an

    [[Page 113 STAT. 1501A-338]]

                          antiemetic, a hematopoietic growth factor, a
                          colony stimulating factor, a biological response
                          modifier, a bisphosphonate, and a device of
                          brachytherapy, if payment for such drug,
                          biological, or device as an outpatient hospital
                          service under this part was being made on such
                          first date.
                              ``(iii) Current radiopharmaceutical drugs and
                          biological products.--A radiopharmaceutical drug
                          or biological product used in diagnostic,
                          monitoring, and therapeutic nuclear medicine
                          procedures if payment for the drug or biological
                          as an outpatient hospital service under this part
                          was being made on such first date.
                              ``(iv) New medical devices, drugs, and
                          biologicals.--A medical device, drug, or
                          biological not described in clause (i), (ii), or
                          (iii) if--
                                        ``(I) payment for the device, drug,
                                    or biological as an outpatient hospital
                                    service under this part was not being
                                    made as of December 31, 1996; and
                                        ``(II) the cost of the device, drug,
                                    or biological is not insignificant in
                                    relation to the OPD fee schedule amount
                                    (as calculated under paragraph (3)(D))
                                    payable for the service (or group of
                                    services) involved.
                        ``(B) Limited period of payment.--The payment under
                    this paragraph with respect to a medical device, drug,
                    or biological shall only apply during a period of at
                    least 2 years, but not more than 3 years, that begins--
                              ``(i) on the first date this subsection is
                          implemented in the case of a drug, biological, or
                          device described in clause (i), (ii), or (iii) of
                          subparagraph (A) and in the case of a device,
                          drug, or biological described in subparagraph
                          (A)(iv) and for which payment under this part is
                          made as an outpatient hospital service before such
                          first date; or
                              ``(ii) in the case of a device, drug, or
                          biological described in subparagraph (A)(iv) not
                          described in clause (i), on the first date on
                          which payment is made under this part for the
                          device, drug, or biological as an outpatient
                          hospital service.
                        ``(C) Amount of additional payment.--Subject to
                    subparagraph (D)(iii), the amount of the payment under
                    this paragraph with respect to a device, drug, or
                    biological provided as part of a covered OPD service
                    is--
                              ``(i) in the case of a drug or biological, the
                          amount by which the amount determined under
                          section 1842(o) for the drug or biological exceeds
                          the portion of the otherwise applicable medicare
                          OPD fee schedule that the Secretary determines is
                          associated with the drug or biological; or
                              ``(ii) in the case of a medical device, the
                          amount by which the hospital's charges for the
                          device, adjusted to cost, exceeds the portion of
                          the otherwise applicable medicare OPD fee schedule
                          that the Secretary determines is associated with
                          the device.
                        ``(D) Limit on aggregate annual adjustment.--

    [[Page 113 STAT. 1501A-339]]

                              ``(i) In general.--The total of the additional
                          payments made under this paragraph for covered OPD
                          services furnished in a year (as estimated by the
                          Secretary before the beginning of the year) may
                          not exceed the applicable percentage (specified in
                          clause (ii)) of the total program payments
                          estimated to be made under this subsection for all
                          covered OPD services furnished in that year. If
                          this paragraph is first applied to less than a
                          full year, the previous sentence shall apply only
                          to the portion of such year.
                              ``(ii) Applicable percentage.--For purposes of
                          clause (i), the term `applicable percentage'
                          means--
                                        ``(I) for a year (or portion of a
                                    year) before 2004, 2.5 percent; and
                                        ``(II) for 2004 and thereafter, a
                                    percentage specified by the Secretary up
                                    to (but not to exceed) 2.0 percent.
                              ``(iii) Uniform prospective reduction if
                          aggregate limit projected to be exceeded.--If the
                          Secretary estimates before the beginning of a year
                          that the amount of the additional payments under
                          this paragraph for the year (or portion thereof)
                          as determined under clause (i) without regard to
                          this clause will exceed the limit established
                          under such clause, the Secretary shall reduce pro
                          rata the amount of each of the additional payments
                          under this paragraph for that year (or portion
                          thereof) in order to ensure that the aggregate
                          additional payments under this paragraph (as so
                          estimated) do not exceed such limit.''.

        (c) Application of New Adjustments on a Budget Neutral Basis.--
    Section 1833(t)(2)(E) (42 U.S.C. 1395l(t)(2)(E)) is amended by striking
    ``other adjustments, in a budget neutral manner, as determined to be
    necessary to ensure equitable payments, such as outlier adjustments or''
    and inserting ``, in a budget neutral manner, outlier adjustments under
    paragraph (5) and transitional pass-through payments under paragraph (6)
    and other adjustments as determined to be necessary to ensure equitable
    payments, such as''.
        (d) Limitation on Judicial Review for New Adjustments.--Section
    1833(t)(11), as redesignated by subsection (a)(1), is amended--
                (1) by striking ``and'' at the end of subparagraph (C);
                (2) by striking the period at the end of subparagraph (D)
            and inserting ``; and''; and
                (3) by adding at the end the following:
                        ``(E) the determination of the fixed multiple, or a
                    fixed dollar cutoff amount, the marginal cost of care,
                    or applicable percentage under paragraph (5) or the
                    determination of insignificance of cost, the duration of
                    the additional payments (consistent with paragraph
                    (6)(B)), the portion of the medicare OPD fee schedule
                    amount associated with particular devices, drugs, or
                    biologicals, and the application of any pro rata
                    reduction under paragraph (6).''.

        (e) Inclusion of Certain Implantable Items Under System.--
                (1) In general.--Section 1833(t) (42 U.S.C. 1395l(t)) is
            amended--

    [[Page 113 STAT. 1501A-340]]

                        (A) in paragraph (1)(B)(ii), by striking ``clause
                    (iii)'' and inserting ``clause (iv)'' and by striking
                    ``but'';
                        (B) by redesignating clause (iii) of paragraph
                    (1)(B) as clause (iv) and inserting after clause (ii) of
                    such paragraph the following new clause:
                              ``(iii) includes implantable items described
                          in paragraph (3), (6), or (8) of section 1861(s);
                          but''; and
                        (C) in paragraph (2)(B), by inserting after
                    ``resources'' the following: ``and so that an
                    implantable item is classified to the group that
                    includes the service to which the item relates''.
                (2) Conforming amendment.--(A) Section 1834(a)(13) (42
            U.S.C. 1395m(a)(13)) is amended by striking ``1861(m)(5))'' and
            inserting ``1861(m)(5), but not including implantable items for
            which payment may be made under section 1833(t)''.
                (B) Section 1834(h)(4)(B) (42 U.S.C. 1395m(h)(4)(B)) is
            amended by inserting before the semicolon the following: ``and
            does not include an implantable item for which payment may be
            made under section 1833(t)''.

        (f) Authorizing Payment Weights Based on Mean Hospital Costs.--
    Section 1833(t)(2)(C) (42 U.S.C. 1395l(t)(2)(C)) is amended by inserting
    ``(or, at the election of the Secretary, mean)'' after ``median''.
        (g) Limiting Variation of Costs of Services Classified With a
    Group.--Section 1833(t)(2) (42 U.S.C. 1395l(t)(2)) is amended by adding
    at the end the following new flush sentence:
            ``For purposes of subparagraph (B), items and services within a
            group shall not be treated as `comparable with respect to the
            use of resources' if the highest median cost (or mean cost, if
            elected by the Secretary under subparagraph (C)) for an item or
            service within the group is more than 2 times greater than the
            lowest median cost (or mean cost, if so elected) for an item or
            service within the group; except that the Secretary may make
            exceptions in unusual cases, such as low volume items and
            services, but may not make such an exception in the case of a
            drug or biological that has been designated as an orphan drug
            under section 526 of the Federal Food, Drug and Cosmetic Act.''.

        (h) Annual Review of OPD PPS Components.--
                (1) In general.--Section 1833(t)(8)(A) (42 U.S.C.
            1395l(t)(8)(A)), as redesignated by subsection (a), is amended--
                        (A) by striking ``may periodically review'' and
                    inserting ``shall review not less often than annually'';
                    and
                        (B) by adding at the end the following: ``The
                    Secretary shall consult with an expert outside advisory
                    panel composed of an appropriate selection of
                    representatives of providers to review (and advise the
                    Secretary concerning) the clinical integrity of the
                    groups and weights. Such panel may use data collected or
                    developed by entities and organizations (other than the
                    Department of Health and Human Services) in conducting
                    such review.''.
                (2) Effective dates.--The Secretary of Health and Human
            Services shall first conduct the annual review under the
            amendment made by paragraph (1)(A) in 2001 for application in
            2002 and the amendment made by paragraph (1)(B) takes effect on
            the date of the enactment of this Act.

    [[Page 113 STAT. 1501A-341]]

        (i) No Impact on Copayment.--Section 1833(t)(7) (42 U.S.C.
    1395l(t)(7)), as redesignated by subsection (a), is amended by adding at
    the end the following new subparagraph:
                        ``(D) Computation ignoring outlier and pass-through
                    adjustments.--The copayment amount shall be computed
                    under subparagraph (A) as if the adjustments under
                    paragraphs (5) and (6) (and any adjustment made under
                    paragraph (2)(E) in relation to such adjustments) had
                    not occurred.''.

        (j) Technical Correction in Reference Relating to Hospital-Based
    Ambulance Services.--Section 1833(t)(9) (42 U.S.C. 1395l(t)(9)), as
    redesignated by subsection (a), is amended by striking ``the matter in
    subsection (a)(1) preceding subparagraph (A)'' and inserting ``section
    1861(v)(1)(U)''.
        (k) Extension of Payment Provisions of Section 4522 of BBA Until
    Implementation of PPS.--Section 1861(v)(1)(S)(ii) (42 U.S.C.
    1395x(v)(1)(S)(ii)) is amended in subclauses (I) and (II) by striking
    ``and during fiscal year 2000 before January 1, 2000'' and inserting
    ``and until the first date that the prospective payment system under
    section 1833(t) is implemented'' each place it appears.
        (l) Congressional Intention Regarding Base Amounts in Applying the
    HOPD PPS.--With respect to determining the amount of copayments
    described in paragraph (3)(A)(ii) of section 1833(t) of the Social
    Security Act, as added by section 4523(a) of BBA, Congress finds that
    such amount should be determined without regard to such section, in a
    budget neutral manner with respect to aggregate payments to hospitals,
    and that the Secretary of Health and Human Services has the authority to
    determine such amount without regard to such section.
        (m) Effective Date.--Except as provided in this section, the
    amendments made by this section shall be effective as if included in the
    enactment of BBA.
        (n) Study of Delivery of Intravenous Immune Globulin (IVIG) Outside
    Hospitals and Physicians' Offices.--
                (1) Study.--The Secretary of Health and Human Services shall
            conduct a study of the extent to which intravenous immune
            globulin (IVIG) could be delivered and reimbursed under the
            medicare program outside of a hospital or physician's office. In
            conducting the study, the Secretary shall--
                        (A) consider the sites of service that other payors,
                    including Medicare+Choice plans, use for these drugs and
                    biologicals;
                        (B) determine whether covering the delivery of these
                    drugs and biologicals in a medicare patient's home
                    raises any additional safety and health concerns for the
                    patient;
                        (C) determine whether covering the delivery of these
                    drugs and biologicals in a patient's home can reduce
                    overall spending under the medicare program; and
                        (D) determine whether changing the site of setting
                    for these services would affect beneficiary access to
                    care.
                (2) Report.--The Secretary shall submit a report on such
            study to the Committees on Ways and Means and Commerce of the
            House of Representatives and the Committee on Finance of the
            Senate within 18 months after the date of the enactment of this
            Act. The Secretary shall include in the report recommendations
            regarding the appropriate manner and settings under which the
            medicare program should pay for these drugs

    [[Page 113 STAT. 1501A-342]]

            and biologicals delivered outside of a hospital or physician's
            office.

    SEC. 202. ESTABLISHING A TRANSITIONAL CORRIDOR FOR APPLICATION OF OPD
                PPS.

        (a) In General.--Section 1833(t) (42 U.S.C. 1395l(t)), as amended by
    section 201(a), is further amended--
                (1) in paragraph (4), in the matter before subparagraph (A),
            by inserting ``, subject to paragraph (7),'' after ``is
            determined''; and
                (2) by redesignating paragraphs (7) through (11) as
            paragraphs (8) through (12), respectively; and
                (3) by inserting after paragraph (6), as inserted by section
            201(b), the following new paragraph:
                ``(7) Transitional adjustment to limit decline in payment.--
                        ``(A) Before 2002.--Subject to subparagraph (D), for
                    covered OPD services furnished before January 1, 2002,
                    for which the PPS amount (as defined in subparagraph
                    (E)) is--
                              ``(i) at least 90 percent, but less than 100
                          percent, of the pre-BBA amount (as defined in
                          subparagraph (F)), the amount of payment under
                          this subsection shall be increased by 80 percent
                          of the amount of such difference;
                              ``(ii) at least 80 percent, but less than 90
                          percent, of the pre-BBA amount, the amount of
                          payment under this subsection shall be increased
                          by the amount by which (I) the product of 0.71 and
                          the pre-BBA amount, exceeds (II) the product of
                          0.70 and the PPS amount;
                              ``(iii) at least 70 percent, but less than 80
                          percent, of the pre-BBA amount, the amount of
                          payment under this subsection shall be increased
                          by the amount by which (I) the product of 0.63 and
                          the pre-BBA amount, exceeds (II) the product of
                          0.60 and the PPS amount; or
                              ``(iv) less than 70 percent of the pre-BBA
                          amount, the amount of payment under this
                          subsection shall be increased by 21 percent of the
                          pre-BBA amount.
                        ``(B) 2002.--Subject to subparagraph (D), for
                    covered OPD services furnished during 2002, for which
                    the PPS amount is--
                              ``(i) at least 90 percent, but less than 100
                          percent, of the pre-BBA amount, the amount of
                          payment under this subsection shall be increased
                          by 70 percent of the amount of such difference;
                              ``(ii) at least 80 percent, but less than 90
                          percent, of the pre-BBA amount, the amount of
                          payment under this subsection shall be increased
                          by the amount by which (I) the product of 0.61 and
                          the pre-BBA amount, exceeds (II) the product of
                          0.60 and the PPS amount; or
                              ``(iii) less than 80 percent of the pre-BBA
                          amount, the amount of payment under this
                          subsection shall be increased by 13 percent of the
                          pre-BBA amount.

    [[Page 113 STAT. 1501A-343]]

                        ``(C) 2003.--Subject to subparagraph (D), for
                    covered OPD services furnished during 2003, for which
                    the PPS amount is--
                              ``(i) at least 90 percent, but less than 100
                          percent, of the pre-BBA amount, the amount of
                          payment under this subsection shall be increased
                          by 60 percent of the amount of such difference; or
                              ``(ii) less than 90 percent of the pre-BBA
                          amount, the amount of payment under this
                          subsection shall be increased by 6 percent of the
                          pre-BBA amount.
                        ``(D) Hold harmless provisions.--
                              ``(i) Temporary treatment for small rural
                          hospitals.--In the case of a hospital located in a
                          rural area and that has not more than 100 beds,
                          for covered OPD services furnished before January
                          1, 2004, for which the PPS amount is less than the
                          pre-BBA amount, the amount of payment under this
                          subsection shall be increased by the amount of
                          such difference.
                              ``(ii) Permanent treatment for cancer
                          hospitals.--In the case of a hospital described in
                          section 1886(d)(1)(B)(v), for covered OPD services
                          for which the PPS amount is less than the pre-BBA
                          amount, the amount of payment under this
                          subsection shall be increased by the amount of
                          such difference.
                        ``(E) PPS amount defined.--In this paragraph, the
                    term `PPS amount' means, with respect to covered OPD
                    services, the amount payable under this title for such
                    services (determined without regard to this paragraph),
                    including amounts payable as copayment under paragraph
                    (8), coinsurance under section 1866(a)(2)(A)(ii), and
                    the deductible under section 1833(b).
                        ``(F) Pre-BBA amount defined.--
                              ``(i) In general.--In this paragraph, the
                          `pre-BBA amount' means, with respect to covered
                          OPD services furnished by a hospital in a year, an
                          amount equal to the product of the reasonable cost
                          of the hospital for such services for the portions
                          of the hospital's cost reporting period (or
                          periods) occurring in the year and the base OPD
                          payment-to-cost ratio for the hospital (as defined
                          in clause (ii)).
                              ``(ii) Base payment-to-cost-ratio defined.--
                          For purposes of this subparagraph, the `base
                          payment-to-cost ratio' for a hospital means the
                          ratio of--
                                        ``(I) the hospital's reimbursement
                                    under this part for covered OPD services
                                    furnished during the cost reporting
                                    period ending in 1996, including any
                                    reimbursement for such services through
                                    cost-sharing described in subparagraph
                                    (E), to
                                        ``(II) the reasonable cost of such
                                    services for such period.
                          The Secretary shall determine such ratios as if
                          the amendments made by section 4521 of the
                          Balanced Budget Act of 1997 were in effect in
                          1996.
                        ``(G) Interim payments.--The Secretary shall make
                    payments under this paragraph to hospitals on an interim
                    basis, subject to retrospective adjustments based on
                    settled cost reports.

    [[Page 113 STAT. 1501A-344]]

                        ``(H) No effect on copayments.--Nothing in this
                    paragraph shall be construed to affect the unadjusted
                    copayment amount described in paragraph (3)(B) or the
                    copayment amount under paragraph (8).
                        ``(I) Application without regard to budget
                    neutrality.--The additional payments made under this
                    paragraph--
                              ``(i) shall not be considered an adjustment
                          under paragraph (2)(E); and
                              ``(ii) shall not be implemented in a budget
                          neutral manner.''.

        (b) Effective Date.--The amendments made by this section shall be
    effective as if included in the enactment of BBA.

    SEC. 203. STUDY AND REPORT TO CONGRESS REGARDING THE SPECIAL TREATMENT
                OF RURAL AND CANCER HOSPITALS IN PROSPECTIVE PAYMENT SYSTEM
                FOR HOSPITAL OUTPATIENT DEPARTMENT SERVICES.

        (a) Study.--
                (1) In general.--The Medicare Payment Advisory Commission
            (referred to in this section as ``MedPAC'') shall conduct a
            study to determine the appropriateness (and the appropriate
            method) of providing payments to hospitals described in
            paragraph (2) for covered OPD services (as defined in paragraph
            (1)(B) of section 1833(t) of the Social Security Act (42 U.S.C.
            1395l(t))) based on the prospective payment system established
            by the Secretary in accordance with such section.
                (2) Hospitals described.--The hospitals described in this
            paragraph are the following:
                        (A) A medicare-dependent, small rural hospital (as
                    defined in section 1886(d)(5)(G)(iv) of the Social
                    Security Act (42 U.S.C. 1395ww(d)(5)(G)(iv))).
                        (B) A sole community hospital (as defined in section
                    1886(d)(5)(D)(iii) of such Act (42 U.S.C.
                    1395ww(d)(5)(D)(iii))).
                        (C) Rural health clinics (as defined in section
                    1861(aa)(2) of such Act (42 U.S.C. 1395x(aa)(2)).
                        (D) Rural referral centers (as so classified under
                    section 1886(d)(5)(C) of such Act (42 U.S.C.
                    1395ww(d)(5)(C)).
                        (E) Any other rural hospital with not more than 100
                    beds.
                        (F) Any other rural hospital that the Secretary
                    determines appropriate.
                        (G) A hospital described in section 1886(d)(1)(B)(v)
                    of such Act (42 U.S.C. 1395ww(d)(1)(B)(v)).

        (b) Report.--Not later than 2 years after the date of the enactment
    of this Act, MedPAC shall submit a report to the Secretary of Health and
    Human Services and Congress on the study conducted under subsection (a),
    together with any recommendations for legislation that MedPAC determines
    to be appropriate as a result of such study.
        (c) Comments.--Not later than 60 days after the date on which MedPAC
    submits the report under subsection (b) to the Secretary of Health and
    Human Services, the Secretary shall submit comments on such report to
    Congress.

    [[Page 113 STAT. 1501A-345]]

    SEC. 204. LIMITATION ON OUTPATIENT HOSPITAL COPAYMENT FOR A PROCEDURE TO
                THE HOSPITAL DEDUCTIBLE AMOUNT.

        (a) In General.--Section 1833(t)(8) (42 U.S.C. 1395l(t)(8)), as
    redesignated by sections 201(a)(1) and 202(a)(2), is amended--
                (1) in subparagraph (A), by striking ``subparagraph (B)''
            and inserting ``subparagraphs (B) and (C)'';
                (2) by redesignating subparagraphs (C) and (D) as
            subparagraphs (D) and (E), respectively; and
                (3) by inserting after subparagraph (B) the following new
            subparagraph:
                        ``(C) Limiting copayment amount to inpatient
                    hospital deductible amount.--In no case shall the
                    copayment amount for a procedure performed in a year
                    exceed the amount of the inpatient hospital deductible
                    established under section 1813(b) for that year.''.

        (b) Increase in Payment To Reflect Reduction in Copayment.--Section
    1833(t)(4)(C) (42 U.S.C. 1395l(t)(4)(C)) is amended by inserting ``,
    plus the amount of any reduction in the copayment amount attributable to
    paragraph (8)(C)'' before the period at the end.
        (c) Effective Date.--The amendments made by this section apply as if
    included in the enactment of BBA and shall only apply to procedures
    performed for which payment is made on the basis of the prospective
    payment system under section 1833(t) of the Social Security Act.

                         Subtitle B--Physician Services

    SEC. 211. MODIFICATION OF UPDATE ADJUSTMENT FACTOR PROVISIONS TO REDUCE
                UPDATE OSCILLATIONS AND REQUIRE ESTIMATE REVISIONS.

        (a) Update Adjustment Factor.--
                (1) In general.--Section 1848(d) (42 U.S.C. 1395w-4(d)) is
            amended--
                        (A) in paragraph (3)--
                              (i) in the heading, by inserting ``for 1999
                          and 2000'' after ``Update'';
                              (ii) in subparagraph (A), by striking ``a year
                          beginning with 1999'' and inserting ``1999 and
                          2000''; and
                              (iii) in subparagraph (C), by inserting ``and
                          paragraph (4)'' after ``For purposes of this
                          paragraph''; and
                        (B) by adding at the end the following new
                    paragraph:
                ``(4) Update for years beginning with 2001.--
                        ``(A) In general.--Unless otherwise provided by law,
                    subject to the budget-neutrality factor determined by
                    the Secretary under subsection (c)(2)(B)(ii) and subject
                    to adjustment under subparagraph (F), the update to the
                    single conversion factor established in paragraph (1)(C)
                    for a year beginning with 2001 is equal to the product
                    of--
                              ``(i) 1 plus the Secretary's estimate of the
                          percentage increase in the MEI (as defined in
                          section 1842(i)(3)) for the year (divided by 100);
                          and
                              ``(ii) 1 plus the Secretary's estimate of the
                          update adjustment factor under subparagraph (B)
                          for the year.

    [[Page 113 STAT. 1501A-346]]

                        ``(B) Update adjustment factor.--For purposes of
                    subparagraph (A)(ii), subject to subparagraph (D), the
                    `update adjustment factor' for a year is equal (as
                    estimated by the Secretary) to the sum of the following:
                              ``(i) Prior year adjustment component.--An
                          amount determined by--
                                        ``(I) computing the difference
                                    (which may be positive or negative)
                                    between the amount of the allowed
                                    expenditures for physicians' services
                                    for the prior year (as determined under
                                    subparagraph (C)) and the amount of the
                                    actual expenditures for such services
                                    for that year;
                                        ``(II) dividing that difference by
                                    the amount of the actual expenditures
                                    for such services for that year; and
                                        ``(III) multiplying that quotient by
                                    0.75.
                              ``(ii) Cumulative adjustment component.--An
                          amount determined by--
                                        ``(I) computing the difference
                                    (which may be positive or negative)
                                    between the amount of the allowed
                                    expenditures for physicians' services
                                    (as determined under subparagraph (C))
                                    from April 1, 1996, through the end of
                                    the prior year and the amount of the
                                    actual expenditures for such services
                                    during that period;
                                        ``(II) dividing that difference by
                                    actual expenditures for such services
                                    for the prior year as increased by the
                                    sustainable growth rate under subsection
                                    (f) for the year for which the update
                                    adjustment factor is to be determined;
                                    and
                                        ``(III) multiplying that quotient by
                                    0.33.
                        ``(C) Determination of allowed expenditures.--For
                    purposes of this paragraph:
                              ``(i) Period up to april 1, 1999.--The allowed
                          expenditures for physicians' services for a period
                          before April 1, 1999, shall be the amount of the
                          allowed expenditures for such period as determined
                          under paragraph (3)(C).
                              ``(ii) Transition to calendar year allowed
                          expenditures.--Subject to subparagraph (E), the
                          allowed expenditures for--
                                        ``(I) the 9-month period beginning
                                    April 1, 1999, shall be the Secretary's
                                    estimate of the amount of the allowed
                                    expenditures that would be permitted
                                    under paragraph (3)(C) for such period;
                                    and
                                        ``(II) the year of 1999, shall be
                                    the Secretary's estimate of the amount
                                    of the allowed expenditures that would
                                    be permitted under paragraph (3)(C) for
                                    such year.
                              ``(iii) Years beginning with 2000.--The
                          allowed expenditures for a year (beginning with
                          2000) is equal to the allowed expenditures for
                          physicians' services for the previous year,
                          increased by the sustainable growth rate under
                          subsection (f) for the year involved.

    [[Page 113 STAT. 1501A-347]]

                        ``(D) Restriction on update adjustment factor.--The
                    update adjustment factor determined under subparagraph
                    (B) for a year may not be less than -0.07 or greater
                    than 0.03.
                        ``(E) Recalculation of allowed expenditures for
                    updates beginning with 2001.--For purposes of
                    determining the update adjustment factor for a year
                    beginning with 2001, the Secretary shall recompute the
                    allowed expenditures for previous periods beginning on
                    or after April 1, 1999, consistent with subsection
                    (f)(3).
                        ``(F) Transitional adjustment designed to provide
                    for budget neutrality.--Under this subparagraph the
                    Secretary shall provide for an adjustment to the update
                    under subparagraph (A)--
                              ``(i) for each of 2001, 2002, 2003, and 2004,
                          of -0.2 percent; and
                              ``(ii) for 2005 of +0.8 percent.''.
                (2) Publication change.--
                        (A) In general.--Section 1848(d)(1)(E) (42 U.S.C.
                    1395w-4(d)(1)(E)) is amended to read as follows:
                        ``(E) Publication and dissemination of
                    information.--The Secretary shall--
                              ``(i) cause to have published in the Federal
                          Register not later than November 1 of each year
                          (beginning with 2000) the conversion factor which
                          will apply to physicians' services for the
                          succeeding year, the update determined under
                          paragraph (4) for such succeeding year, and the
                          allowed expenditures under such paragraph for such
                          succeeding year; and
                              ``(ii) make available to the Medicare Payment
                          Advisory Commission and the public by March 1 of
                          each year (beginning with 2000) an estimate of the
                          sustainable growth rate and of the conversion
                          factor which will apply to physicians' services
                          for the succeeding year and data used in making
                          such estimate.''.
                        (B) Medpac review of conversion factor estimates.--
                    Section 1805(b)(1)(D) (42 U.S.C. 1395b-6(b)(1)(D)) is
                    amended by inserting ``and including a review of the
                    estimate of the conversion factor submitted under
                    section 1848(d)(1)(E)(ii)'' before the period at the
                    end.
                        (C) One-time publication of information on
                    transition.--The Secretary of Health and Human Services
                    shall cause to have published in the Federal Register,
                    not later than 90 days after the date of the enactment
                    of this section, the Secretary's determination, based
                    upon the best available data, of--
                              (i) the allowed expenditures under subclauses
                          (I) and (II) of subsection (d)(4)(C)(ii) of
                          section 1848 of the Social Security Act (42 U.S.C.
                          1395w-4), as added by subsection (a)(1)(B), for
                          the 9-month period beginning on April 1, 1999, and
                          for 1999;
                              (ii) the estimated actual expenditures
                          described in subsection (d) of such section for
                          1999; and
                              (iii) the sustainable growth rate under
                          subsection (f) of such section for 2000.
                (3) Conforming amendments.--
                        (A) Section 1848 (42 U.S.C. 1395w-4) is amended--

    [[Page 113 STAT. 1501A-348]]

                              (i) in subsection (d)(1)(A), by inserting
                          ``(for years before 2001) and, for years beginning
                          with 2001, multiplied by the update (established
                          under paragraph (4)) for the year involved'' after
                          ``for the year involved''; and
                              (ii) in subsection (f)(2)(D), by inserting
                          ``or (d)(4)(B), as the case may be'' after
                          ``(d)(3)(B)''.
                        (B) Section 1833(l)(4)(A)(i)(VII) (42 U.S.C.
                    1395l(l)(4)(A)(i)(VII)) is amended by striking
                    ``1848(d)(3)'' and inserting ``1848(d)''.

        (b) Sustainable Growth Rates.--Section 1848(f) (42 U.S.C. 1395w-
    4(f)) is amended--
                (1) by amending paragraph (1) to read as follows:
                ``(1) Publication.--The Secretary shall cause to have
            published in the Federal Register not later than--
                        ``(A) November 1, 2000, the sustainable growth rate
                    for 2000 and 2001; and
                        ``(B) November 1 of each succeeding year the
                    sustainable growth rate for such succeeding year and
                    each of the preceding 2 years.'';
                (2) in paragraph (2)--
                        (A) in the matter before subparagraph (A), by
                    striking ``fiscal year 1998)'' and inserting ``fiscal
                    year 1998 and ending with fiscal year 2000) and a year
                    beginning with 2000''; and
                        (B) in subparagraphs (A) through (D), by striking
                    ``fiscal year'' and inserting ``applicable period'' each
                    place it appears;
                (3) in paragraph (3), by adding at the end the following new
            subparagraph:
                        ``(C) Applicable period.--The term `applicable
                    period' means--
                              ``(i) a fiscal year, in the case of fiscal
                          year 1998, fiscal year 1999, and fiscal year 2000;
                          or
                              ``(ii) a calendar year with respect to a year
                          beginning with 2000;
                    as the case may be.'';
                (4) by redesignating paragraph (3) as paragraph (4); and
                (5) by inserting after paragraph (2) the following new
            paragraph:
                ``(3) Data to be used.--For purposes of determining the
            update adjustment factor under subsection (d)(4)(B) for a year
            beginning with 2001, the sustainable growth rates taken into
            consideration in the determination under paragraph (2) shall be
            determined as follows:
                        ``(A) For 2001.--For purposes of such calculations
                    for 2001, the sustainable growth rates for fiscal year
                    2000 and the years 2000 and 2001 shall be determined on
                    the basis of the best data available to the Secretary as
                    of September 1, 2000.
                        ``(B) For 2002.--For purposes of such calculations
                    for 2002, the sustainable growth rates for fiscal year
                    2000 and for years 2000, 2001, and 2002 shall be
                    determined on the basis of the best data available to
                    the Secretary as of September 1, 2001.
                        ``(C) For 2003 and succeeding years.--For purposes
                    of such calculations for a year after 2002--

    [[Page 113 STAT. 1501A-349]]

                              ``(i) the sustainable growth rates for that
                          year and the preceding 2 years shall be determined
                          on the basis of the best data available to the
                          Secretary as of September 1 of the year preceding
                          the year for which the calculation is made; and
                              ``(ii) the sustainable growth rate for any
                          year before a year described in clause (i) shall
                          be the rate as most recently determined for that
                          year under this subsection.
            Nothing in this paragraph shall be construed as affecting the
            sustainable growth rates established for fiscal year 1998 or
            fiscal year 1999.''.

        (c) Study and Report Regarding the Utilization of Physicians'
    Services by Medicare Beneficiaries.--
                (1) Study by secretary.--The Secretary of Health and Human
            Services, acting through the Administrator of the Agency for
            Health Care Policy and Research, shall conduct a study of the
            issues specified in paragraph (2).
                (2) Issues to be studied.--The issues specified in this
            paragraph are the following:
                        (A) The various methods for accurately estimating
                    the economic impact on expenditures for physicians'
                    services under the original medicare fee-for-service
                    program under parts A and B of title XVIII of the Social
                    Security Act (42 U.S.C. 1395 et seq.) resulting from--
                              (i) improvements in medical capabilities;
                              (ii) advancements in scientific technology;
                              (iii) demographic changes in the types of
                          medicare beneficiaries that receive benefits under
                          such program; and
                              (iv) geographic changes in locations where
                          medicare beneficiaries receive benefits under such
                          program.
                        (B) The rate of usage of physicians' services under
                    the original medicare fee-for-service program under
                    parts A and B of title XVIII of the Social Security Act
                    (42 U.S.C. 1395 et seq.) among beneficiaries between
                    ages 65 and 74, 75 and 84, 85 and over, and disabled
                    beneficiaries under age 65.
                        (C) Other factors that may be reliable predictors of
                    beneficiary utilization of physicians' services under
                    the original medicare fee-for-service program under
                    parts A and B of title XVIII of the Social Security Act
                    (42 U.S.C. 1395 et seq.).
                (3) Report to congress.--Not later than 3 years after the
            date of the enactment of this Act, the Secretary of Health and
            Human Services shall submit a report to Congress setting forth
            the results of the study conducted pursuant to paragraph (1),
            together with any recommendations the Secretary determines are
            appropriate.
                (4) Medpac report to congress.--Not later than 180 days
            after the date of submission of the report under paragraph (3),
            the Medicare Payment Advisory Commission shall submit a report
            to Congress that includes--
                        (A) an analysis and evaluation of the report
                    submitted under paragraph (3); and
                        (B) such recommendations as it determines are
                    appropriate.

    [[Page 113 STAT. 1501A-350]]

        (d) Effective Date.--The amendments made by this section shall be
    effective in determining the conversion factor under section 1848(d) of
    the Social Security Act (42 U.S.C. 1395w-4(d)) for years beginning with
    2001 and shall not apply to or affect any update (or any update
    adjustment factor) for any year before 2001.

    SEC. 212. USE OF DATA COLLECTED BY ORGANIZATIONS AND ENTITIES IN
                DETERMINING PRACTICE EXPENSE RELATIVE VALUES.

        (a) In General.--The Secretary of Health and Human Services shall
    establish by regulation (after notice and opportunity for public
    comment) a process (including data collection standards) under which the
    Secretary will accept for use and will use, to the maximum extent
    practicable and consistent with sound data practices, data collected or
    developed by entities and organizations (other than the Department of
    Health and Human Services) to supplement the data normally collected by
    that Department in determining the practice expense component under
    section 1848(c)(2)(C)(ii) of the Social Security Act (42 U.S.C. 1395w-
    4(c)(2)(C)(ii)) for purposes of determining relative values for payment
    for physicians' services under the fee schedule under section 1848 of
    such Act (42 U.S.C. 1395w-4). The Secretary shall first promulgate such
    regulation on an interim final basis in a manner that permits the
    submission and use of data in the computation of practice expense
    relative value units for payment rates for 2001.
        (b) Publication of Information.--The Secretary shall include, in the
    publication of the estimated and final updates under section 1848(c) of
    such Act (42 U.S.C. 1395w-4(c)) for payments for 2001 and for 2002, a
    description of the process established under subsection (a) for the use
    of external data in making adjustments in relative value units and the
    extent to which the Secretary has used such external data in making such
    adjustments for each such year, particularly in cases in which the data
    otherwise used are inadequate because such data are not based upon a
    large enough sample size to be statistically reliable.

    SEC. 213. GAO STUDY ON RESOURCES REQUIRED TO PROVIDE SAFE AND EFFECTIVE
                OUTPATIENT CANCER THERAPY.

        (a) Study.--The Comptroller General of the United States shall
    conduct a nationwide study to determine the physician and non-physician
    clinical resources necessary to provide safe outpatient cancer therapy
    services and the appropriate payment rates for such services under the
    medicare program. In making such determination, the Comptroller General
    shall--
                (1) determine the adequacy of practice expense relative
            value units associated with the utilization of those clinical
            resources;
                (2) determine the adequacy of work units in the practice
            expense formula; and
                (3) assess various standards to assure the provision of safe
            outpatient cancer therapy services.

        (b) Report to Congress.--The Comptroller General shall submit to
    Congress a report on the study conducted under subsection (a). The
    report shall include recommendations regarding practice expense
    adjustments to the payment methodology under part B of title XVIII of
    the Social Security Act, including the development and inclusion of
    adequate work units to assure the adequacy of payment amounts for safe
    outpatient cancer therapy

    [[Page 113 STAT. 1501A-351]]

    services. The study shall also include an estimate of the cost of
    implementing such recommendations.

                           Subtitle C--Other Services

    SEC. 221. REVISION OF PROVISIONS RELATING TO THERAPY SERVICES.

        (a) 2-Year Moratorium on Caps.--
                (1) In general.--Section 1833(g) of the Social Security Act
            (42 U.S.C. 1395l(g)) is amended--
                        (A) in paragraphs (1) and (3), by striking ``In the
                    case'' each place it appears and inserting ``Subject to
                    paragraph (4), in the case''; and
                        (B) by adding at the end the following:

        ``(4) This subsection shall not apply to expenses incurred with
    respect to services furnished during 2000 and 2001.''.
                (2) Focused medical reviews of claims during moratorium
            period.--During years in which paragraph (4) of section 1833(g)
            of the Social Security Act (42 U.S.C. 1395l(g)) applies (under
            the amendment made by paragraph (1)(B)), the Secretary of Health
            and Human Services shall conduct focused medical reviews of
            claims for reimbursement for services described in paragraph (1)
            or (3) of such section, with an emphasis on such claims for
            services that are provided to residents of skilled nursing
            facilities.

        (b) Technical Amendment Relating To Being Under the Care of a
    Physician.--
                (1) In general.--Section 1861 (42 U.S.C. 1395x) is amended--
                        (A) in subsection (p)(1), by striking ``or (3)'' and
                    inserting ``, (3), or (4)''; and
                        (B) in subsection (r)(4), by inserting ``for
                    purposes of subsection (p)(1) and'' after ``but only''.
                (2) Effective date.--The amendments made by paragraph (1)
            apply to services furnished on or after January 1, 2000.

        (c) Revision of Report.--
                (1) In general.--Section 4541(d)(2) of BBA (42 U.S.C. 1395l
            note) is amended to read as follows:
                ``(2) Report.--Not later than January 1, 2001, the Secretary
            of Health and Human Services shall submit to Congress a report
            that includes recommendations on--
                        ``(A) the establishment of a mechanism for assuring
                    appropriate utilization of outpatient physical therapy
                    services, outpatient occupational therapy services, and
                    speech-language pathology services that are covered
                    under the medicare program under title XVIII of the
                    Social Security Act (42 U.S.C. 1395); and
                        ``(B) the establishment of an alternative payment
                    policy for such services based on classification of
                    individuals by diagnostic category, functional status,
                    prior use of services (in both inpatient and outpatient
                    settings), and such other criteria as the Secretary
                    determines appropriate, in place of the uniform dollar
                    limitations specified in section 1833(g) of such Act, as
                    amended by paragraph (1).
            The recommendations shall include how such a mechanism or policy
            might be implemented in a budget-neutral manner.''.

    [[Page 113 STAT. 1501A-352]]

                (2) Effective date.--The amendment made by paragraph (1)
            shall take effect as if included in the enactment of section
            4541 of BBA.

        (d) Study and Report on Utilization.--
                (1) Study.--
                        (A) In general.--The Secretary of Health and Human
                    Services shall conduct a study which compares--
                              (i) utilization patterns (including nationwide
                          patterns, and patterns by region, types of
                          settings, and diagnosis or condition) of
                          outpatient physical therapy services, outpatient
                          occupational therapy services, and speech-language
                          pathology services that are covered under the
                          medicare program under title XVIII of the Social
                          Security Act (42 U.S.C. 1395) and provided on or
                          after January 1, 2000; with
                              (ii) such patterns for such services that were
                          provided in 1998 and 1999.
                        (B) Review of claims.--In conducting the study under
                    this subsection the Secretary of Health and Human
                    Services shall review a statistically significant number
                    of claims for reimbursement for the services described
                    in subparagraph (A).
                (2) Report.--Not later than June 30, 2001, the Secretary of
            Health and Human Services shall submit a report to Congress on
            the study conducted under paragraph (1), together with any
            recommendations for legislation that the Secretary determines to
            be appropriate as a result of such study.

    SEC. 222. UPDATE IN RENAL DIALYSIS COMPOSITE RATE.

        (a) In General.--Section 1881(b)(7) (42 U.S.C. 1395rr(b)(7)) is
    amended by adding at the end the following new flush sentence:
    ``The Secretary shall increase the amount of each composite rate payment
    for dialysis services furnished during 2000 by 1.2 percent above such
    composite rate payment amounts for such services furnished on December
    31, 1999, and for such services furnished on or after January 1, 2001,
    by 1.2 percent above such composite rate payment amounts for such
    services furnished on December 31, 2000.''.
        (b) Conforming Amendment.--The second sentence of section 9335(a)(1)
    of the Omnibus Budget Reconciliation Act of 1986 (42 U.S.C. 1395rr note)
    is amended by inserting ``and before January 1, 2000,'' after ``on or
    after January 1, 1991,''.
        (c) Study on Payment Level for Home Hemodialysis.--The Medicare
    Payment Advisory Commission shall conduct a study on the appropriateness
    of the differential in payment under the medicare program for
    hemodialysis services furnished in a facility and such services
    furnished in a home. Not later than 18 months after the date of the
    enactment of this Act, the Commission shall submit to Congress a report
    on such study and shall include recommendations regarding changes in
    medicare payment policy in response to the study.

    SEC. 223. IMPLEMENTATION OF THE INHERENT REASONABLENESS (IR) AUTHORITY.

        (a) Limitation on Use.--The Secretary of Health and Human Services
    may not use, or permit fiscal intermediaries or carriers to use, the
    inherent reasonableness authority provided under section

    [[Page 113 STAT. 1501A-353]]

    1842(b)(8) of the Social Security Act (42 U.S.C. 1395u(b)(8)) until
    after--
                (1) the Comptroller General of the United States releases a
            report pursuant to the request for such a report made on March
            1, 1999, regarding the impact of the Secretary's, fiscal
            intermediaries', and carriers' use of such authority; and
                (2) the Secretary has published a notice of final rulemaking
            in the Federal Register that relates to such authority and that
            responds to such report and to comments received in response to
            the Secretary's interim final regulation relating to such
            authority that was published in the Federal Register on January
            7, 1998.

        (b) Reevaluation of IR Criteria.--In promulgating the final
    regulation under subsection (a)(2), the Secretary shall--
                (1) reevaluate the appropriateness of the criteria included
            in such interim final regulation for identifying payments which
            are excessive or deficient; and
                (2) take appropriate steps to ensure the use of valid and
            reliable data when exercising such authority.

        (c) Technical Correction.--Section 1842(b)(8)(A)(i)(I) (42 U.S.C.
    1395u(b)(8)(A)(i)(I)) is amended by striking ``the application of this
    part'' and inserting ``the application of this title to payment under
    this part''.

    SEC. 224. INCREASE IN REIMBURSEMENT FOR PAP SMEARS.

        (a) Pap Smear Payment Increase.--Section 1833(h) (42 U.S.C.
    1395l(h)) is amended by adding at the end the following new paragraph:
        ``(7) Notwithstanding paragraphs (1) and (4), the Secretary shall
    establish a national minimum payment amount under this subsection for a
    diagnostic or screening pap smear laboratory test (including all
    cervical cancer screening technologies that have been approved by the
    Food and Drug Administration as a primary screening method for detection
    of cervical cancer) equal to $14.60 for tests furnished in 2000. For
    such tests furnished in subsequent years, such national minimum payment
    amount shall be adjusted annually as provided in paragraph (2).''.
        (b) Sense of Congress.--It is the sense of the Congress that--
                (1) the Health Care Financing Administration has been slow
            to incorporate or provide incentives for providers to use new
            screening diagnostic health care technologies in the area of
            cervical cancer;
                (2) some new technologies have been developed which optimize
            the effectiveness of pap smear screening; and
                (3) the Health Care Financing Administration should
            institute an appropriate increase in the payment rate for new
            cervical cancer screening technologies that have been approved
            by the Food and Drug Administration and that are significantly
            more effective than a conventional pap smear.

    SEC. 225. REFINEMENT OF AMBULANCE SERVICES DEMONSTRATION PROJECT.

        Effective as if included in the enactment of BBA, section 4532 of
    BBA (42 U.S.C. 1395m note) is amended--
                (1) in subsection (a), by adding at the end the following:
            ``Not later than July 1, 2000, the Secretary shall publish a
            request for proposals for such projects.''; and

    [[Page 113 STAT. 1501A-354]]

                (2) by amending paragraph (2) of subsection (b) to read as
            follows:
                ``(2) Capitated payment rate defined.--In this subsection,
            the term `capitated payment rate' means, with respect to a
            demonstration project--
                        ``(A) in its first year, a rate established for the
                    project by the Secretary, using the most current
                    available data, in a manner that ensures that aggregate
                    payments under the project will not exceed the aggregate
                    payment that would have been made for ambulance services
                    under part B of title XVIII of the Social Security Act
                    in the local area of government's jurisdiction; and
                        ``(B) in a subsequent year, the capitated payment
                    rate established for the previous year increased by an
                    appropriate inflation adjustment factor.''.

    SEC. 226. PHASE-IN OF PPS FOR AMBULATORY SURGICAL CENTERS.

        If the Secretary of Health and Human Services implements a revised
    prospective payment system for services of ambulatory surgical
    facilities under section 1833(i) of the Social Security Act (42 U.S.C.
    1395l(i)), prior to incorporating data from the 1999 Medicare cost
    survey or a subsequent cost survey, such system shall be implemented in
    a manner so that--
                (1) in the first year of its implementation, only a
            proportion (specified by the Secretary and not to exceed \1/3\)
            of the payment for such services shall be made in accordance
            with such system and the remainder shall be made in accordance
            with current regulations; and
                (2) in the following year a proportion (specified by the
            Secretary and not to exceed \2/3\) of the payment for such
            services shall be made under such system and the remainder shall
            be made in accordance with current regulations.

    SEC. 227. EXTENSION OF MEDICARE BENEFITS FOR IMMUNOSUPPRESSIVE DRUGS.

        (a) In General.--Section 1861(s)(2)(J)(v) (42 U.S.C.
    1395x(s)(2)(J)(v)) is amended by inserting before the semicolon at the
    end the following: ``plus such additional number of months (if any)
    provided under section 1832(b)''.
        (b) Specification of Number of Additional Months.--Section 1832 (42
    U.S.C. 1395k) is amended--
                (1) by redesignating subsection (b) as subsection (c); and
                (2) by inserting after subsection (a) the following new
            subsection:

        ``(b) Extension of Coverage of Immunosuppressive Drugs.--
                ``(1) Extension.--
                        ``(A) In general.--The Secretary shall specify
                    consistent with this subsection an additional number of
                    months (which may be portions of months) of coverage of
                    immunosuppressive drugs for each cohort (as defined in
                    subparagraph (C)) in a year during the 5-year period
                    beginning with 2000. The number of such months for the
                    cohort--
                              ``(i) for 2000 shall be 8 months; and
                              ``(ii) for 2001 shall, subject to paragraph
                          (2)(A)(i), be 8 months.
                        ``(B) Application of additional months in a year
                    only to cohort in that year.--

    [[Page 113 STAT. 1501A-355]]

                              ``(i) In general.--The additional months
                          specified under this subsection for a cohort in a
                          year in such 5-year period shall apply under
                          section 1861(s)(2)(J)(v) only to individuals
                          within such cohort for such year.
                              ``(ii) Construction.--Nothing in this
                          subsection shall be construed as preventing
                          additional months of coverage provided for a
                          cohort for a year from extending coverage to drugs
                          furnished in months in the succeeding year.
                        ``(C) Cohort defined.--In this subsection, the term
                    `cohort' means, with respect to a year, those
                    individuals who would (but for this subsection) exhaust
                    benefits under section 1861(s)(2)(J)(v) for prescription
                    drugs used in immunosuppressive therapy furnished at any
                    time during such year.
                ``(2) Timing of specification.--Consistent with paragraphs
            (3) and (4)--
                        ``(A) May 1, 2001.--Not later than May 1, 2001, the
                    Secretary--
                              ``(i) may increase the number of months for
                          the cohort for 2001 above the 8 months provided
                          under paragraph (1)(A)(ii); and
                              ``(ii) shall compute and specify the number of
                          additional months of benefits that will be
                          available for the cohort for 2002.
                        ``(B) May 1, 2002 and 2003.--Not later than May 1 of
                    2002 and 2003, the Secretary shall compute and specify
                    the number of additional months of benefits that will be
                    available for the cohort for the following year under
                    this subsection. Such number may be more or less than 8
                    months.
                ``(3) Basis for specification.--Using appropriate actuarial
            methods, the Secretary shall compute the number of additional
            months for the cohort for a year under this subsection in a
            manner so that the total expenditures under this part
            attributable to this subsection, as computed based upon the best
            available data at the time additional months are specified under
            this subsection, do not exceed $150,000,000. Subject to
            paragraph (4), the Secretary shall seek to compute such months
            in a manner that provides for a level number of months for each
            cohort in each year in the last 4 years of the 5-year period
            described in paragraph (1)(A).
                ``(4) Annual adjustment to maintain aggregate expenditures
            within limits.--In computing and specifying the number of
            additional months under paragraph (2), the Secretary shall
            adjust the number of additional months under this subsection for
            a cohort for a year from that provided in the previous year
            within such 5-year period to the extent necessary to take into
            account, based upon the best available data, differences between
            actual and estimated expenditures under this part attributable
            to this subsection for previous years and to comply with the
            limitation on total expenditures under paragraph (3).''.

        (c) Transitional Pass-Through of Additional Costs Under
    Medicare+Choice Program for 2000.--The provisions of subparagraphs (A)
    and (B) of section 1852(a)(5) of the Social Security Act (42 U.S.C.
    1395w-22(a)(5)) shall apply with respect to the

    [[Page 113 STAT. 1501A-356]]

    coverage of additional benefits for immunosuppressive drugs under the
    amendments made by this section for drugs furnished in 2000 in the same
    manner as if such amendments constituted a national coverage
    determination described in the matter in such section before
    subparagraph (A).
        (d) Report on Immunosuppressive Drug Benefit.--
                (1) In general.--Not later than March 1, 2003, the Secretary
            of Health and Human Services shall submit to Congress a report
            on the operation of this section and the amendments made by this
            section. The report shall include--
                        (A) an analysis of the impact of this section; and
                        (B) recommendations regarding an appropriate cost-
                    effective method for providing coverage of
                    immunosuppressive drugs under the medicare program on a
                    permanent basis.
                (2) Considerations.--In making recommendations under
            paragraph (1)(B), the Secretary shall identify potential
            modifications to the immunosuppressive drug benefit that would
            best promote the objectives of--
                        (A) improving health outcomes (by decreasing
                    transplant rejection rates that are attributable to
                    failure to comply with immunosuppressive drug regimens);
                        (B) achieving cost savings to the medicare program
                    (by decreasing the need for secondary transplants and
                    other care relating to post-transplant complications);
                    and
                        (C) meeting the needs of those medicare
                    beneficiaries who, because of income or other factors,
                    would be less likely to maintain an immunosuppressive
                    drug regimen in the absence of such modifications.

    SEC. 228. TEMPORARY INCREASE IN PAYMENT RATES FOR DURABLE MEDICAL
                EQUIPMENT AND OXYGEN.

        (a) In General.--For purposes of payments under section 1834(a) of
    the Social Security Act (42 U.S.C. 1395m(a)) for covered items (as
    defined in paragraph (13) of that section) furnished during 2001 and
    2002, the Secretary of Health and Human Services shall increase the
    payment amount in effect (but for this section) for such items for--
                (1) 2001 by 0.3 percent, and
                (2) 2002 by 0.6 percent.

        (b) Limiting Application to Specified Years.--The payment amount
    increase--
                (1) under subsection (a)(1) shall not apply after 2001 and
            shall not be taken into account in calculating the payment
            amounts applicable for covered items furnished after such year;
            and
                (2) under subsection (a)(2) shall not apply after 2002 and
            shall not be taken into account in calculating the payment
            amounts applicable for covered items furnished after such year.

    SEC. 229. STUDIES AND REPORTS.

        (a) MedPAC Study on Postsurgical Recovery Care Center Services.--
                (1) In general.--The Medicare Payment Advisory Commission
            shall conduct a study on the cost-effectiveness and efficacy of
            covering under the medicare program under title XVIII of the
            Social Security Act services of a post-surgical recovery care
            center (that provides an intermediate level of recovery

    [[Page 113 STAT. 1501A-357]]

            care following surgery). In conducting such study, the
            Commission shall consider data on these centers gathered in
            demonstration projects.
                (2) Report.--Not later than 1 year after the date of the
            enactment of this Act, the Commission shall submit to Congress a
            report on such study and shall include in the report
            recommendations on the feasibility, costs, and savings of
            covering such services under the medicare program.

        (b) AHCPR Study on Effect of Credentialing of Technologists and
    Sonographers on Quality of Ultrasound.--
                (1) Study.--The Administrator for Health Care Policy and
            Research shall provide for a study that, with respect to the
            provision of ultrasound under the medicare and medicaid programs
            under titles XVIII and XIX of the Social Security Act, compares
            differences in quality between ultrasound furnished by
            individuals who are credentialed by private entities or
            organizations and ultrasound furnished by those who are not so
            credentialed. Such study shall examine and evaluate differences
            in error rates, resulting complications, and patient outcomes as
            a result of the differences in credentialing. In designing the
            study, the Administrator shall consult with organizations
            nationally recognized for their expertise in ultrasound.
                (2) Report.--Not later than two years after the date of the
            enactment of this Act, the Administrator shall submit a report
            to Congress on the study conducted under paragraph (1).

        (c) MedPAC Study on the Complexity of the Medicare Program and the
    Levels of Burdens Placed on Providers Through Federal Regulations.--
                (1) Study.--The Medicare Payment Advisory Commission shall
            undertake a comprehensive study to review the regulatory burdens
            placed on all classes of health care providers under parts A and
            B of the medicare program under title XVIII of the Social
            Security Act and to determine the costs these burdens impose on
            the nation's health care system. The study shall also examine
            the complexity of the current regulatory system and its impact
            on providers.
                (2) Report.--Not later than December 31, 2001, the
            Commission shall submit to Congress one or more reports on the
            study conducted under paragraph (1). The report shall include
            recommendations regarding--
                        (A) how the Health Care Financing Administration can
                    reduce the regulatory burdens placed on patients and
                    providers; and
                        (B) legislation that may be appropriate to reduce
                    the complexity of the medicare program, including
                    improvement of the rules regarding billing, compliance,
                    and fraud and abuse.

        (d) GAO Continued Monitoring of Department of Justice Application of
    Guidelines on Use of False Claims Act in Civil Health Care Matters.--The
    Comptroller General of the United States shall--
                (1) continue the monitoring, begun under section 118 of the
            Department of Justice Appropriations Act, 1999 (included in
            Public Law 105-277) of the compliance of the Department of
            Justice and all United States Attorneys with the ``Guidance

    [[Page 113 STAT. 1501A-358]]

            on the Use of the False Claims Act in Civil Health Care
            Matters'' issued by the Department of Justice on June 3, 1998,
            including any revisions to that guidance; and
                (2) not later than April 1, 2000, and of each of the two
            succeeding years, submit a report on such compliance to the
            appropriate Committees of Congress.

                 TITLE III--PROVISIONS RELATING TO PARTS A AND B

                        Subtitle A--Home Health Services

    SEC. 301. ADJUSTMENT TO REFLECT ADMINISTRATIVE COSTS NOT INCLUDED IN THE
                INTERIM PAYMENT SYSTEM; GAO REPORT ON COSTS OF COMPLIANCE
                WITH OASIS DATA COLLECTION REQUIREMENTS.

        (a) Adjustment To Reflect Administrative Costs.--
                (1) In general.--In the case of a home health agency that
            furnishes home health services to a medicare beneficiary, for
            each such beneficiary to whom the agency furnished such services
            during the agency's cost reporting period beginning in fiscal
            year 2000, the Secretary of Health and Human Services shall pay
            the agency, in addition to any amount of payment made under
            section 1861(v)(1)(L) of the Social Security Act (42 U.S.C.
            1395x(v)(1)(L)) for the beneficiary and only for such cost
            reporting period, an aggregate amount of $10 to defray costs
            incurred by the agency attributable to data collection and
            reporting requirements under the Outcome and Assessment
            Information Set (OASIS) required by reason of section 4602(e) of
            BBA (42 U.S.C. 1395fff note).
                (2) Payment schedule.--
                        (A) Midyear payment.--Not later than April 1, 2000,
                    the Secretary shall pay to a home health agency an
                    amount that the Secretary estimates to be 50 percent of
                    the aggregate amount payable to the agency by reason of
                    this subsection.
                        (B) Upon settled cost report.--The Secretary shall
                    pay the balance of amounts payable to an agency under
                    this subsection on the date that the cost report
                    submitted by the agency for the cost reporting period
                    beginning in fiscal year 2000 is settled.
                (3) Payment from trust funds.--Payments under this
            subsection shall be made, in appropriate part as specified by
            the Secretary, from the Federal Hospital Insurance Trust Fund
            and from the Federal Supplementary Medical Insurance Trust Fund.
                (4) Definitions.--In this subsection:
                        (A) Home health agency.--The term ``home health
                    agency'' has the meaning given that term under section
                    1861(o) of the Social Security Act (42 U.S.C. 1395x(o)).
                        (B) Home health services.--The term ``home health
                    services'' has the meaning given that term under section
                    1861(m) of such Act (42 U.S.C. 1395x(m)).
                        (C) Medicare beneficiary.--The term ``medicare
                    beneficiary'' means a beneficiary described in section

    [[Page 113 STAT. 1501A-359]]

                    1861(v)(1)(L)(vi)(II) of the Social Security Act (42
                    U.S.C. 1395x(v)(1)(L)(vi)(II)).

        (b) GAO Report on Costs of Compliance With OASIS Data Collection
    Requirements.--
                (1) Report to congress.--
                        (A) In general.--Not later than 180 days after the
                    date of the enactment of this Act, the Comptroller
                    General of the United States shall submit to Congress a
                    report on the matters described in subparagraph (B) with
                    respect to the data collection requirement of patients
                    of such agencies under the Outcome and Assessment
                    Information Set (OASIS) standard as part of the
                    comprehensive assessment of patients.
                        (B) Matters studied.--For purposes of subparagraph
                    (A), the matters described in this subparagraph include
                    the following:
                              (i) An assessment of the costs incurred by
                          medicare home health agencies in complying with
                          such data collection requirement.
                              (ii) An analysis of the effect of such data
                          collection requirement on the privacy interests of
                          patients from whom data is collected.
                        (C) Audit.--The Comptroller General shall conduct an
                    independent audit of the costs described in subparagraph
                    (B)(i). Not later than 180 days after receipt of the
                    report under subparagraph (A), the Comptroller General
                    shall submit to Congress a report describing the
                    Comptroller General's findings with respect to such
                    audit, and shall include comments on the report
                    submitted to Congress by the Secretary of Health and
                    Human Services under subparagraph (A).
                (2) Definitions.--In this subsection:
                        (A) Comprehensive assessment of patients.--The term
                    ``comprehensive assessment of patients'' means the rule
                    published by the Health Care Financing Administration
                    that requires, as a condition of participation in the
                    medicare program, a home health agency to provide a
                    patient-specific comprehensive assessment that
                    accurately reflects the patient's current status and
                    that incorporates the Outcome and Assessment Information
                    Set (OASIS).
                        (B) Outcome and assessment information set.--The
                    term ``Outcome and Assessment Information Set'' means
                    the standard provided under the rule relating to data
                    items that must be used in conducting a comprehensive
                    assessment of patients.

    SEC. 302. DELAY IN APPLICATION OF 15 PERCENT REDUCTION IN PAYMENT RATES
                FOR HOME HEALTH SERVICES UNTIL ONE YEAR AFTER IMPLEMENTATION
                OF PROSPECTIVE PAYMENT SYSTEM.

        (a) Contingency Reduction.--Section 4603 of BBA (42 U.S.C. 1395fff
    note) (as amended by section 5101(c)(3) of the Tax and Trade Relief
    Extension Act of 1998 (contained in division J of Public Law 105-277))
    is amended by striking subsection (e).
        (b) Prospective Payment System.--Section 1895(b)(3)(A)(i) (42 U.S.C.
    1395fff(b)(3)(A)(i)) (as amended by section 5101 of the Tax

    [[Page 113 STAT. 1501A-360]]

    and Trade Relief Extension Act of 1998 (contained in division J of
    Public Law 105-277)) is amended to read as follows:
                              ``(i) In general.--Under such system the
                          Secretary shall provide for computation of a
                          standard prospective payment amount (or amounts)
                          as follows:
                                        ``(I) Such amount (or amounts) shall
                                    initially be based on the most current
                                    audited cost report data available to
                                    the Secretary and shall be computed in a
                                    manner so that the total amounts payable
                                    under the system for the 12-month period
                                    beginning on the date the Secretary
                                    implements the system shall be equal to
                                    the total amount that would have been
                                    made if the system had not been in
                                    effect.
                                        ``(II) For periods beginning after
                                    the period described in subclause (I),
                                    such amount (or amounts) shall be equal
                                    to the amount (or amounts) that would
                                    have been determined under subclause (I)
                                    that would have been made for fiscal
                                    year 2001 if the system had not been in
                                    effect but if the reduction in limits
                                    described in clause (ii) had been in
                                    effect, updated under subparagraph (B).
                          Each such amount shall be standardized in a manner
                          that eliminates the effect of variations in
                          relative case mix and area wage adjustments among
                          different home health agencies in a budget neutral
                          manner consistent with the case mix and wage level
                          adjustments provided under paragraph (4)(A). Under
                          the system, the Secretary may recognize regional
                          differences or differences based upon whether or
                          not the services or agency are in an urbanized
                          area.''.

        (c) Report.--Not later than the date that is six months after the
    date the Secretary of Health and Human Services implements the
    prospective payment system for home health services under section 1895
    of the Social Security Act (42 U.S.C. 1395fff), the Secretary shall
    submit to Congress a report analyzing the need for the 15 percent
    reduction under subsection (b)(3)(A)(ii) of such section, or for any
    reduction, in the computation of the base payment amounts under the
    prospective payment system for home health services established under
    such section.

    SEC. 303. INCREASE IN PER BENEFICIARY LIMITS.

        (a) Increase in Per Beneficiary Limits.--Section 1861(v)(1)(L) of
    the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), as amended by
    section 5101 of the Tax and Trade Relief Extension Act of 1998
    (contained in Division J of Public Law 105-277), is amended--
                (1) by redesignating clause (ix) as clause (x); and
                (2) by inserting after clause (viii) the following new
            clause:

        ``(ix) Notwithstanding the per beneficiary limit under clause
    (viii), if the limit imposed under clause (v) (determined without regard
    to this clause) for a cost reporting period beginning during or after
    fiscal year 2000 is less than the median described in clause (vi)(I)
    (but determined as if any reference in clause (v) to `98 percent' were a
    reference to `100 percent'), the limit otherwise

    [[Page 113 STAT. 1501A-361]]

    imposed under clause (v) for such provider and period shall be increased
    by 2 percent.''.
        (b) Increase Not Included in PPS Base.--The second sentence of
    section 1895(b)(3)(A)(i) (42 U.S.C. 1395fff(b)(3)(A)(i)), as amended by
    section 302(b), is further amended--
                (1) in subclause (I), by inserting ``and if section
            1861(v)(1)(L)(ix) had not been enacted'' before the semicolon;
            and
                (2) in subclause (II), by inserting ``and if section
            1861(v)(1)(L)(ix) had not been enacted'' after ``if the system
            had not been in effect''.

        (c) Effective Date.--The amendments made by this section shall apply
    to services furnished by home health agencies for cost reporting periods
    beginning on or after October 1, 1999.

    SEC. 304. CLARIFICATION OF SURETY BOND REQUIREMENTS.

        (a) Home Health Agencies.--Section 1861(o)(7) (42 U.S.C.
    1395x(o)(7)) is amended to read as follows:
                ``(7) provides the Secretary with a surety bond--
                        ``(A) effective for a period of 4 years (as
                    specified by the Secretary) or in the case of a change
                    in the ownership or control of the agency (as determined
                    by the Secretary) during or after such 4-year period, an
                    additional period of time that the Secretary determines
                    appropriate, such additional period not to exceed 4
                    years from the date of such change in ownership or
                    control;
                        ``(B) in a form specified by the Secretary; and
                        ``(C) for a year in the period described in
                    subparagraph (A) in an amount that is equal to the
                    lesser of $50,000 or 10 percent of the aggregate amount
                    of payments to the agency under this title and title XIX
                    for that year, as estimated by the Secretary; and''.

        (b) Coordination of Surety Bonds.--Part A of title XI of the Social
    Security Act is amended by inserting after section 1128E the following
    new section:

         ``coordination of medicare and medicaid surety bond provisions

        ``Sec. 1128F. In the case of a home health agency that is subject to
    a surety bond requirement under title XVIII and title XIX, the surety
    bond provided to satisfy the requirement under one such title shall
    satisfy the requirement under the other such title so long as the bond
    applies to guarantee return of overpayments under both such titles.''.
        (c) Effective Date.--The amendments made by this section take effect
    on the date of the enactment of this Act, and in applying section
    1861(o)(7) of the Social Security Act (42 U.S.C. 1395x(o)(7)), as
    amended by subsection (a), the Secretary of Health and Human Services
    may take into account the previous period for which a home health agency
    had a surety bond in effect under such section before such date.

    SEC. 305. REFINEMENT OF HOME HEALTH AGENCY CONSOLIDATED BILLING.

        (a) In General.--Section 1842(b)(6)(F) (42 U.S.C. 1395u(b)(6)(F)) is
    amended by inserting ``(including medical supplies described in section
    1861(m)(5), but excluding durable medical

    [[Page 113 STAT. 1501A-362]]

    equipment to the extent provided for in such section)'' after ``home
    health services''.
        (b) Conforming Amendment.--Section 1862(a)(21) (42 U.S.C.
    1395y(a)(21)) is amended by inserting ``(including medical supplies
    described in section 1861(m)(5), but excluding durable medical equipment
    to the extent provided for in such section)'' after ``home health
    services''.
        (c) Effective Date.--The amendments made by this section shall apply
    to payments for services provided on or after the date of enactment of
    this Act.

    SEC. 306. TECHNICAL AMENDMENT CLARIFYING APPLICABLE MARKET BASKET
                INCREASE FOR PPS.

        Section 1895(b)(3)(B)(ii)(I) (42 U.S.C. 1395fff(b)(3)(B)(ii)(I)) is
    amended by striking ``fiscal year 2002 or 2003'' and inserting ``each of
    fiscal years 2002 and 2003''.

    SEC. 307. STUDY AND REPORT TO CONGRESS REGARDING THE EXEMPTION OF RURAL
                AGENCIES AND POPULATIONS FROM INCLUSION IN THE HOME HEALTH
                PROSPECTIVE PAYMENT SYSTEM.

        (a) Study.--The Medicare Payment Advisory Commission (referred to in
    this section as ``MedPAC'') shall conduct a study to determine the
    feasibility and advisability of exempting home health services provided
    by a home health agency (or by others under arrangements with such
    agency) located in a rural area, or to an individual residing in a rural
    area, from payment under the prospective payment system for such
    services established by the Secretary of Health and Human Services in
    accordance with section 1895 of the Social Security Act (42 U.S.C.
    1395fff).
        (b) Report.--Not later than 2 years after the date of the enactment
    of this Act, MedPAC shall submit a report to Congress on the study
    conducted under subsection (a), together with any recommendations for
    legislation that MedPAC determines to be appropriate as a result of such
    study.

                  Subtitle B--Direct Graduate Medical Education

    SEC. 311. USE OF NATIONAL AVERAGE PAYMENT METHODOLOGY IN COMPUTING
                DIRECT GRADUATE MEDICAL EDUCATION (DGME) PAYMENTS.

        (a) In General.--Section 1886(h)(2) (42 U.S.C. 1395ww(h)(2)) is
    amended--
                (1) in subparagraph (D)(i), by striking ``clause (ii)'' and
            inserting ``a subsequent clause'';
                (2) by adding at the end of subparagraph (D) the following
            new clauses:
                              ``(iii) Floor in fiscal year 2001 at 70
                          percent of locality adjusted national average per
                          resident amount.--The approved FTE resident amount
                          for a hospital for the cost reporting period
                          beginning during fiscal year 2001 shall not be
                          less than 70 percent of the locality adjusted
                          national average per resident amount computed
                          under subparagraph (E) for the hospital and
                          period.

    [[Page 113 STAT. 1501A-363]]

                              ``(iv) Adjustment in rate of increase for
                          hospitals with fte approved amount above 140
                          percent of locality adjusted national average per
                          resident amount.--
                                        ``(I) Freeze for fiscal years 2001
                                    and 2002.--For a cost reporting period
                                    beginning during fiscal year 2001 or
                                    fiscal year 2002, if the approved FTE
                                    resident amount for a hospital for the
                                    preceding cost reporting period exceeds
                                    140 percent of the locality adjusted
                                    national average per resident amount
                                    computed under subparagraph (E) for that
                                    hospital and period, subject to
                                    subclause (III), the approved FTE
                                    resident amount for the period involved
                                    shall be the same as the approved FTE
                                    resident amount for the hospital for
                                    such preceding cost reporting period.
                                        ``(II) 2 percent decrease in update
                                    for fiscal years 2003, 2004, and 2005.--
                                    For a cost reporting period beginning
                                    during fiscal year 2003, fiscal year
                                    2004, or fiscal year 2005, if the
                                    approved FTE resident amount for a
                                    hospital for the preceding cost
                                    reporting period exceeds 140 percent of
                                    the locality adjusted national average
                                    per resident amount computed under
                                    subparagraph (E) for that hospital and
                                    preceding period, the approved FTE
                                    resident amount for the period involved
                                    shall be updated in the manner described
                                    in subparagraph (D)(i) except that,
                                    subject to subclause (III), the consumer
                                    price index applied for a 12-month
                                    period shall be reduced (but not below
                                    zero) by 2 percentage points.
                                        ``(III) No adjustment below 140
                                    percent.--In no case shall subclause (I)
                                    or (II) reduce an approved FTE resident
                                    amount for a hospital for a cost
                                    reporting period below 140 percent of
                                    the locality adjusted national average
                                    per resident amount computed under
                                    subparagraph (E) for such hospital and
                                    period.'';
                (3) by redesignating subparagraph (E) as subparagraph (F);
            and
                (4) by inserting after subparagraph (D) the following new
            subparagraph:
                        ``(E) Determination of locality adjusted national
                    average per resident amount.--The Secretary shall
                    determine a locality adjusted national average per
                    resident amount with respect to a cost reporting period
                    of a hospital beginning during a fiscal year as follows:
                              ``(i) Determining hospital single per resident
                          amount.--The Secretary shall compute for each
                          hospital operating an approved graduate medical
                          education program a single per resident amount
                          equal to the average (weighted by number of full-
                          time equivalent residents, as determined under
                          paragraph (4)) of the primary care per resident
                          amount and the non-primary care per resident
                          amount computed under paragraph (2) for cost
                          reporting periods ending during fiscal year 1997.

    [[Page 113 STAT. 1501A-364]]

                              ``(ii) Standardizing per resident amounts.--
                          The Secretary shall compute a standardized per
                          resident amount for each such hospital by dividing
                          the single per resident amount computed under
                          clause (i) by an average of the 3 geographic index
                          values (weighted by the national average weight
                          for each of the work, practice expense, and
                          malpractice components) as applied under section
                          1848(e) for 1999 for the fee schedule area in
                          which the hospital is located.
                              ``(iii) Computing of weighted average.--The
                          Secretary shall compute the average of the
                          standardized per resident amounts computed under
                          clause (ii) for such hospitals, with the amount
                          for each hospital weighted by the average number
                          of full-time equivalent residents at such hospital
                          (as determined under paragraph (4)).
                              ``(iv) Computing national average per resident
                          amount.--The Secretary shall compute the national
                          average per resident amount, for a hospital's cost
                          reporting period that begins during fiscal year
                          2001, equal to the weighted average computed under
                          clause (iii) increased by the estimated percentage
                          increase in the consumer price index for all urban
                          consumers during the period beginning with the
                          month that represents the midpoint of the cost
                          reporting periods described in clause (i) and
                          ending with the midpoint of the hospital's cost
                          reporting period that begins during fiscal year
                          2001.
                              ``(v) Adjusting for locality.--The Secretary
                          shall compute the product of--
                                        ``(I) the national average per
                                    resident amount computed under clause
                                    (iv) for the hospital, and
                                        ``(II) the geographic index value
                                    average (described and applied under
                                    clause (ii)) for the fee schedule area
                                    in which the hospital is located.
                              ``(vi) Computing locality adjusted amount.--
                          The locality adjusted national per resident amount
                          for a hospital for--
                                        ``(I) the cost reporting period
                                    beginning during fiscal year 2001 is the
                                    product computed under clause (v); or
                                        ``(II) each subsequent cost
                                    reporting period is equal to the
                                    locality adjusted national per resident
                                    amount for the hospital for the previous
                                    cost reporting period (as determined
                                    under this clause) updated, through the
                                    midpoint of the period, by projecting
                                    the estimated percentage change in the
                                    consumer price index for all urban
                                    consumers during the 12-month period
                                    ending at that midpoint.''.

        (b) Conforming Amendments.--Section 1886(h)(2)(D) (42 U.S.C.
    1395ww(h)(2)(D)) is further amended--
                (1) in clause (i)--
                        (A) by striking ``periods.--(i)'' and inserting the
                    following (and conforming the indentation of the
                    succeeding matter accordingly): ``periods.--
                              ``(i) In general.--''; and

    [[Page 113 STAT. 1501A-365]]

                        (B) by striking ``the amount determined'' and
                    inserting ``the approved FTE resident amount
                    determined''; and
                (2) in clause (ii)--
                        (A) by indenting the clause 2 ems to the right; and
                        (B) by inserting ``Freeze in update for fiscal years
                    1994 and 1995.--'' after ``(ii)''.

    SEC. 312. INITIAL RESIDENCY PERIOD FOR CHILD NEUROLOGY RESIDENCY
                TRAINING PROGRAMS.

        (a) In General.--Section 1886(h)(5) (42 U.S.C. 1395ww(h)(5)) is
    amended--
                (1) in the last sentence of subparagraph (F), by striking
            ``The initial residency period'' and inserting ``Subject to
            subparagraph (G)(v), the initial residency period''; and
                (2) in subparagraph (G)--
                        (A) in clause (i) by striking ``and (iv)'' and
                    inserting ``(iv), and (v)''; and
                        (B) by adding at the end the following new clause:
                              ``(v) Child neurology training programs.--In
                          the case of a resident enrolled in a child
                          neurology residency training program, the period
                          of board eligibility and the initial residency
                          period shall be the period of board eligibility
                          for pediatrics plus 2 years.''.

        (b) Effective Date.--The amendments made by subsection (a) apply on
    and after July 1, 2000, to residency programs that began before, on, or
    after the date of the enactment of this Act.
        (c) MedPAC Report.--The Medicare Payment Advisory Commission shall
    include in its report submitted to Congress in March of 2001
    recommendations regarding the appropriateness of the initial residency
    period used under section 1886(h)(5)(F) of the Social Security Act (42
    U.S.C. 1395ww(h)(5)(F)) for other residency training programs in a
    specialty that require preliminary years of study in another specialty.

                        Subtitle C--Technical Corrections

    SEC. 321. BBA TECHNICAL CORRECTIONS.

        (a) Section 4201.--Section 1820(c)(2)(B)(i) (42 U.S.C. 1395i-
    4(c)(2)(B)(i)) is amended by striking ``and is located in a county (or
    equivalent unit of local government) in a rural area (as defined in
    section 1886(d)(2)(D)) that'' and inserting ``that is located in a
    county (or equivalent unit of local government) in a rural area (as
    defined in section 1886(d)(2)(D)), and that''.
        (b) Section 4204.--(1) Section 1886(d)(5)(G) (42 U.S.C.
    1395ww(d)(5)(G)) is amended--
                (A) in clause (i), by striking ``or beginning on or after
            October 1, 1997, and before October 1, 2001,'' and inserting
            ``or discharges occurring on or after October 1, 1997, and
            before October 1, 2001,''; and
                (B) in clause (ii)(II), by striking ``or beginning on or
            after October 1, 1997, and before October 1, 2001,'' and
            inserting ``or discharges occurring on or after October 1, 1997,
            and before October 1, 2001,''.

        (2) Section 1886(b)(3)(D) (42 U.S.C. 1395ww(b)(3)(D)) is amended in
    the matter preceding clause (i) by striking ``and for cost reporting
    periods beginning on or after October 1, 1997, and

    [[Page 113 STAT. 1501A-366]]

    before October 1, 2001,'' and inserting ``and for discharges beginning
    on or after October 1, 1997, and before October 1, 2001,''.
        (c) Section 4319.--Section 1847(b)(2) (42 U.S.C. 1395w-3(b)(2)) is
    amended by inserting ``and'' after ``specified by the Secretary''.
        (d) Section 4401.--Section 4401(b)(1)(B) of BBA (42 U.S.C. 1395ww
    note) is amended by striking ``section 1886(b)(3)(B)(i)(XIII) of the
    Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(i)(XIII)))'' and
    inserting ``section 1886(b)(3)(B)(i)(XIV) of the Social Security Act (42
    U.S.C. 1395ww(b)(3)(B)(i)(XIV)))''.
        (e) Section 4402.--The last sentence of section 1886(g)(1)(A) (42
    U.S.C. 1395ww(g)(1)(A)) is amended by striking ``September 30, 2002,''
    and inserting ``October 1, 2002,''.
        (f) Section 4419.--The first sentence of section 1886(b)(4)(A)(i)
    (42 U.S.C. 1395ww(b)(4)(A)(i)) is amended by striking ``or unit''.
        (g) Section 4432.--(1) Section 1888(e)(8)(B) (42 U.S.C.
    1395yy(e)(8)(B)) is amended by striking ``January 1, 1999,'' and
    inserting ``July 1, 1999''.
        (2) Section 1833(h)(5)(A)(iii) (42 U.S.C. 1395l(h)(5)(A)(iii)) is
    amended--
                (A) by striking ``or critical access hospital,'' and
            inserting ``, critical access hospital, or skilled nursing
            facility,''; and
                (B) by inserting ``or skilled nursing facility'' before the
            period.

        (h) Section 4416.--Section 1886(b)(7)(A)(i)(II) (42 U.S.C.
    1395ww(b)(7)(A)(i)(II)) is amended by inserting ``(as estimated by the
    Secretary)'' after ``median''.
        (i) Section 4442.--Section 4442(b) of BBA (42 U.S.C. 1395f note) is
    amended by striking ``applies to cost reporting periods beginning'' and
    inserting ``applies to items and services furnished''.
        (j) HIPAA Section 201.--
                (1) In general.--Section 1817(k)(2)(C)(i) (42 U.S.C.
            1395i(k)(2)(C)(i)) is amended by striking ``section
            982(a)(6)(B)'' and inserting ``section 24(a)''.
                (2) Effective date.--The amendment made by this subsection
            shall take effect as if included in the amendment made by
            section 201 of the Health Insurance Portability and
            Accountability Act of 1996 (Public Law 104-191; 110 Stat. 1992).

        (k) Other Technical Amendments.--
                (1) Section 4611.--Section 1812(b) (42 U.S.C. 1395d(b)) is
            amended in the matter following paragraph (3) by inserting
            ``during'' after ``100 visits''.
                (2) Section 4511.--Section 1833(a)(1)(O) (42 U.S.C.
            1395l(a)(1)(O)) is amended by striking the semicolon and
            inserting a comma.
                (3) Section 4551.--Section 1834(h)(4)(A) (42 U.S.C.
            1395m(h)(4)(A)) is amended--
                        (A) in clause (i), by striking the comma at the end
                    and inserting a semicolon; and
                        (B) in clause (v), by striking ``, and'' and
                    inserting ``; and''.
                (4) Section 4315.-- Section 1842(s)(2)(E) (42 U.S.C.
            1395u(s)(2)(E)) is amended by inserting a period at the end.
                (5) Sections 4103, 4104, and 4106.--
                        (A) Section 4103.--Section 1848(j)(3) (42 U.S.C.
                    1395w-4(j)(3)) is amended by striking ``1861(oo)(2),''
                    and inserting ``1861(oo)(2))''.

    [[Page 113 STAT. 1501A-367]]

                        (B) Section 4104.--Such section is further amended
                    by striking ``(B) ,'' and inserting ``(B),''.
                        (C) Section 4106.--Such section is further amended
                    by striking ``and (15)'' and inserting ``, and (15)''.
                (6) Section 4001.--(A) Section 1851(i)(2) (42 U.S.C. 1395w-
            21(i)(2)) is amended by striking ``and'' after ``1857(f)(2),''.
                (B) Section 1852 (42 U.S.C. 1395w-22) is amended--
                        (i) in subsection (a)(3)(A)--
                              (I) by striking the comma after ``MSA plan'';
                          and
                              (II) by inserting a comma after ``the
                          coverage)'';
                        (ii) in subsection (g)--
                              (I) in paragraph (1)(B), by inserting ``or''
                          after ``in whole''; and
                              (II) in paragraph (3)(B)(ii), by inserting a
                          period at the end;
                        (iii) in subsection (h)(2), by striking the comma
                    and inserting a semicolon; and
                        (iv) in subsection (k)(2)(C)(ii), by striking
                    ``balancing'' and inserting ``balance''.
                (C) Section 1854(a) (42 U.S.C. 1395w-24(a)) is amended--
                        (i) in paragraph (2)--
                              (I) in subparagraph (A), in the matter
                          preceding clause (i), by inserting ``section''
                          before ``1852(a)(1)(A)''; and
                              (II) in subparagraph (B), in the matter
                          preceding clause (i), by inserting ``section''
                          after ``described in'';
                        (ii) in paragraph (3)--
                              (I) in subparagraph (A), by inserting
                          ``section'' after ``described in''; and
                              (II) in subparagraph (B), by inserting
                          ``section'' after ``described in''; and
                        (iii) in paragraph (4)--
                              (I) in the matter preceding subparagraph (A),
                          by inserting ``section'' after ``described in'';
                              (II) in subparagraph (A), in the matter
                          preceding clause (i), by inserting ``section''
                          after ``described in''; and
                              (III) in subparagraph (B), by inserting
                          ``section'' after ``described in''.
                (7) Section 4557.--Section 1861(s)(2)(T)(ii) (42 U.S.C.
            1395x(s)(2)(T)(ii)) is amended by striking the period and
            inserting a semicolon.
                (8) Section 4205.--Section 1861(aa)(2) (42 U.S.C.
            1395x(aa)(2)) is amended--
                        (A) in subparagraph (I), by striking the comma at
                    the end and inserting a semicolon; and
                        (B) by realigning subparagraph (I) so as to align
                    the left margin of such subparagraph with the left
                    margin of subparagraph (H); and
                (9) Section 4454.--Section 1861(ss)(1)(G)(i) (42 U.S.C.
            1395x(ss)(1)(G)(i)) is amended--
                        (A) by striking ``owed'' and inserting ``owned'';
                    and
                        (B) by striking ``of'' and inserting ``or''.
                (10) Section 4103.--Section 1862(a)(7) (42 U.S.C.
            1395y(a)(7)) is amended by striking ``subparagraphs'' and
            inserting ``subparagraph''.

    [[Page 113 STAT. 1501A-368]]

                (11) Section 4002.--Section 1866(a)(1) (42 U.S.C.
            1395cc(a)(1)) is amended--
                        (A) in subparagraph (I)(iii), by striking the
                    semicolon and inserting a comma;
                        (B) in subparagraph (N)(iv), by striking ``and'' at
                    the end; and
                        (C) in subparagraph (O), by striking the semicolon
                    at the end and inserting a comma.
                (12) Section 4321.--Section 1866(a)(1) (42 U.S.C.
            1395cc(a)(1)) is amended--
                        (A) in subparagraph (Q), by striking the semicolon
                    at the end and inserting a comma; and
                        (B) in subparagraph (R), by inserting ``, and'' at
                    the end.
                (13) Section 4003.--Section 1882(g)(1) (42 U.S.C.
            1395ss(g)(1)) is amended by striking ``or'' after ``does not
            include''.
                (14) Section 4031.--Section 1882(s)(2)(D) (42 U.S.C.
            1395ss(s)(2)(D)), is amended in the matter preceding clause (i),
            by inserting ``section'' after ``as defined in''.
                (15) Section 4421.--Section 1886(b) (42 U.S.C. 1395ww(b)) is
            amended--
                        (A) in paragraph (1), in the matter following
                    subparagraph (C), by inserting a comma after ``paragraph
                    (2)''; and
                        (B) in paragraph (3)(B)(ii)--
                              (i) in subclause (VI), by striking the
                          semicolon and inserting a comma; and
                              (ii) in subclause (VII), by striking the
                          semicolon and inserting a comma.
                (16) Section 4403.--Section 1886(d)(5)(F) (42 U.S.C.
            1395ww(d)(5)(F)) is amended by inserting a comma after ``1986''.
                (17) Section 4406.--Section 1886(d)(9)(A)(ii) (42 U.S.C.
            1395ww(d)(9)(A)(ii)) is amended by inserting a comma after
            ``1987''.
                (18) Section 4432.--Section 1888(e)(4)(E) (42 U.S.C.
            1395yy(e)(4)(E)) is amended--
                        (A) in clause (i), by striking ``federal'' and
                    inserting ``Federal''; and
                        (B) in clause (ii), in the matter preceding
                    subclause (I), by striking ``federal'' each place it
                    appears and inserting ``Federal''.
                (19) Section 4603.--Section 1895(b)(1) (42 U.S.C.
            1395fff(b)(1)) is amended by striking ``the this section'' and
            inserting ``this section''.

        (l) Section 1135 of the Social Security Act.--Effective on the date
    of the enactment of this Act, section 1135 (42 U.S.C. 1320b-5) is
    repealed.
        (m) Effective Date.--Except as otherwise provided, the amendments
    made by this section shall take effect as if included in the enactment
    of BBA.

    [[Page 113 STAT. 1501A-369]]

                       TITLE IV--RURAL PROVIDER PROVISIONS

                           Subtitle A--Rural Hospitals

    SEC. 401. PERMITTING RECLASSIFICATION OF CERTAIN URBAN HOSPITALS AS
                RURAL HOSPITALS.

        (a) In General.--Section 1886(d)(8) (42 U.S.C. 1395ww(d)(8)) is
    amended by adding at the end the following new subparagraph:
        ``(E)(i) For purposes of this subsection, not later than 60 days
    after the receipt of an application (in a form and manner determined by
    the Secretary) from a subsection (d) hospital described in clause (ii),
    the Secretary shall treat the hospital as being located in the rural
    area (as defined in paragraph (2)(D)) of the State in which the hospital
    is located.
        ``(ii) For purposes of clause (i), a subsection (d) hospital
    described in this clause is a subsection (d) hospital that is located in
    an urban area (as defined in paragraph (2)(D)) and satisfies any of the
    following criteria:
                ``(I) The hospital is located in a rural census tract of a
            metropolitan statistical area (as determined under the most
            recent modification of the Goldsmith Modification, originally
            published in the Federal Register on February 27, 1992 (57 Fed.
            Reg. 6725)).
                ``(II) The hospital is located in an area designated by any
            law or regulation of such State as a rural area (or is
            designated by such State as a rural hospital).
                ``(III) The hospital would qualify as a rural, regional, or
            national referral center under paragraph (5)(C) or as a sole
            community hospital under paragraph (5)(D) if the hospital were
            located in a rural area.
                ``(IV) The hospital meets such other criteria as the
            Secretary may specify.''.

        (b) Conforming Changes.--(1) Section 1833(t) (42 U.S.C. 1395l(t)),
    as amended by sections 201 and 202, is further amended by adding at the
    end the following new paragraph:
                ``(13) Miscellaneous provisions.--
                        ``(A) Application of reclassification of certain
                    hospitals.--If a hospital is being treated as being
                    located in a rural area under section 1886(d)(8)(E),
                    that hospital shall be treated under this subsection as
                    being located in that rural area.''.

        (2) Section 1820(c)(2)(B)(i) (42 U.S.C. 1395i-4(c)(2)(B)(i)) is
    amended, in the matter preceding subclause (I), by inserting ``or is
    treated as being located in a rural area pursuant to section
    1886(d)(8)(E)'' after ``section 1886(d)(2)(D))''.
        (c) Effective Date.--The amendments made by this section shall
    become effective on January 1, 2000.

    SEC. 402. UPDATE OF STANDARDS APPLIED FOR GEOGRAPHIC RECLASSIFICATION
                FOR CERTAIN HOSPITALS.

        (a) In General.--Section 1886(d)(8)(B) (42 U.S.C. 1395ww(d)(8)(B))
    is amended--
                (1) by inserting ``(i)'' after ``(B)'';

    [[Page 113 STAT. 1501A-370]]

                (2) by striking ``published in the Federal Register on
            January 3, 1980'' and inserting ``described in clause (ii)'';
            and
                (3) by adding at the end the following new clause:

        ``(ii) The standards described in this clause for cost reporting
    periods beginning in a fiscal year--
                ``(I) before fiscal year 2003, are the standards published
            in the Federal Register on January 3, 1980, or, at the election
            of the hospital with respect to fiscal years 2001 and 2002,
            standards so published on March 30, 1990; and
                ``(II) after fiscal year 2002, are the standards published
            in the Federal Register by the Director of the Office of
            Management and Budget based on the most recent available
            decennial population data.

    Subparagraphs (C) and (D) shall not apply with respect to the
    application of subclause (I).''.
        (b) Effective Date.--The amendments made by subsection (a) apply
    with respect to discharges occurring during cost reporting periods
    beginning on or after October 1, 1999.

    SEC. 403. IMPROVEMENTS IN THE CRITICAL ACCESS HOSPITAL (CAH) PROGRAM.

        (a) Applying 96-Hour Limit on an Annual, Average Basis.--
                (1) In general.--Section 1820(c)(2)(B)(iii) (42 U.S.C.
            1395i-4(c)(2)(B)(iii)) is amended by striking ``for a period not
            to exceed 96 hours'' and all that follows and inserting ``for a
            period that does not exceed, as determined on an annual, average
            basis, 96 hours per patient;''.
                (2) Effective date.--The amendment made by paragraph (1)
            takes effect on the date of the enactment of this Act.

        (b) Permitting For-Profit Hospitals To Qualify for Designation as a
    Critical Access Hospital.--Section 1820(c)(2)(B)(i) (42 U.S.C. 1395i-
    4(c)(2)(B)(i)) is amended in the matter preceding subclause (I), by
    striking ``nonprofit or public hospital'' and inserting ``hospital''.
        (c) Allowing Closed or Downsized Hospitals To Convert to Critical
    Access Hospitals.--Section 1820(c)(2) (42 U.S.C. 1395i-4(c)(2)) is
    amended--
                (1) in subparagraph (A), by striking ``subparagraph (B)''
            and inserting ``subparagraphs (B), (C), and (D)''; and
                (2) by adding at the end the following new subparagraphs:
                        ``(C) Recently closed facilities.--A State may
                    designate a facility as a critical access hospital if
                    the facility--
                              ``(i) was a hospital that ceased operations on
                          or after the date that is 10 years before the date
                          of the enactment of this subparagraph; and
                              ``(ii) as of the effective date of such
                          designation, meets the criteria for designation
                          under subparagraph (B).
                        ``(D) Downsized facilities.--A State may designate a
                    health clinic or a health center (as defined by the
                    State) as a critical access hospital if such clinic or
                    center--
                              ``(i) is licensed by the State as a health
                          clinic or a health center;
                              ``(ii) was a hospital that was downsized to a
                          health clinic or health center; and

    [[Page 113 STAT. 1501A-371]]

                              ``(iii) as of the effective date of such
                          designation, meets the criteria for designation
                          under subparagraph (B).''.

        (d) Election of Cost-Based Payment Option for Outpatient Critical
    Access Hospital Services.--
                (1) In general.--Section 1834(g) (42 U.S.C. 1395m(g)) is
            amended to read as follows:

        ``(g) Payment for Outpatient Critical Access Hospital Services.--
                ``(1) In general.--The amount of payment for outpatient
            critical access hospital services of a critical access hospital
            is the reasonable costs of the hospital in providing such
            services, unless the hospital makes the election under paragraph
            (2).
                ``(2) Election of cost-based hospital outpatient service
            payment plus fee schedule for professional services.--A critical
            access hospital may elect to be paid for outpatient critical
            access hospital services amounts equal to the sum of the
            following, less the amount that such hospital may charge as
            described in section 1866(a)(2)(A):
                        ``(A) Facility fee.--With respect to facility
                    services, not including any services for which payment
                    may be made under subparagraph (B), the reasonable costs
                    of the critical access hospital in providing such
                    services.
                        ``(B) Fee schedule for professional services.--With
                    respect to professional services otherwise included
                    within outpatient critical access hospital services,
                    such amounts as would otherwise be paid under this part
                    if such services were not included in outpatient
                    critical access hospital services.
                ``(3) Disregarding charges.--The payment amounts under this
            subsection shall be determined without regard to the amount of
            the customary or other charge.''.
                (2) Effective date.--The amendment made by subsection (a)
            shall apply for cost reporting periods beginning on or after
            October 1, 2000.

        (e) Elimination of Coinsurance for Clinical Diagnostic Laboratory
    Tests Furnished by a Critical Access Hospital on an Outpatient Basis.--
                (1) In general.--Paragraphs (1)(D)(i) and (2)(D)(i) of
            section 1833(a) (42 U.S.C. 1395l(a)) are each amended by
            inserting ``or which are furnished on an outpatient basis by a
            critical access hospital'' after ``on an assignment-related
            basis''.
                (2) Effective date.--The amendments made by paragraph (1)
            shall apply to services furnished on or after the date of the
            enactment of this Act.

        (f) Participation in Swing Bed Program.--Section 1883 (42 U.S.C.
    1395tt) is amended--
                (1) in subsection (a)(1), by striking ``(other than a
            hospital which has in effect a waiver under subparagraph (A) of
            the last sentence of section 1861(e))''; and
                (2) in subsection (c), by striking ``, or during which there
            is in effect for the hospital a waiver under subparagraph (A) of
            the last sentence of section 1861(e)''.

    [[Page 113 STAT. 1501A-372]]

    SEC. 404. 5-YEAR EXTENSION OF MEDICARE DEPENDENT HOSPITAL (MDH) PROGRAM.

        (a) Extension of Payment Methodology.--Section 1886(d)(5)(G) (42
    U.S.C. 1395ww(d)(5)(G)) is amended--
                (1) in clause (i), by striking ``and before October 1,
            2001,'' and inserting ``and before October 1, 2006,''; and
                (2) in clause (ii)(II), by striking ``and before October 1,
            2001,'' and inserting ``and before October 1, 2006,''.

        (b) Conforming Amendments.--
                (1) Extension of target amount.--Section 1886(b)(3)(D) (42
            U.S.C. 1395ww(b)(3)(D)) is amended--
                        (A) in the matter preceding clause (i), by striking
                    ``and before October 1, 2001,'' and inserting ``and
                    before October 1, 2006,''; and
                        (B) in clause (iv), by striking ``during fiscal year
                    1998 through fiscal year 2000'' and inserting ``during
                    fiscal year 1998 through fiscal year 2005''.
                (2) Permitting hospitals to decline reclassification.--
            Section 13501(e)(2) of Omnibus Budget Reconciliation Act of 1993
            (42 U.S.C. 1395ww note), as amended by section 4204(a)(3) of
            BBA, is amended by striking ``or fiscal year 2000'' and
            inserting ``or fiscal year 2000 through fiscal year 2005''.

    SEC. 405. REBASING FOR CERTAIN SOLE COMMUNITY HOSPITALS.

        Section 1886(b)(3) (42 U.S.C. 1395ww(b)(3)) is amended--
                (1) in subparagraph (C), by inserting ``subject to
            subparagraph (I),'' before ``the term `target amount' means'';
            and
                (2) by adding at the end the following new subparagraph:

        ``(I)(i) For cost reporting periods beginning on or after October 1,
    2000, in the case of a sole community hospital that for its cost
    reporting period beginning during 1999 is paid on the basis of the
    target amount applicable to the hospital under subparagraph (C) and that
    elects (in a form and manner determined by the Secretary) this
    subparagraph to apply to the hospital, there shall be substituted for
    such target amount--
                ``(I) with respect to discharges occurring in fiscal year
            2001, 75 percent of the target amount otherwise applicable to
            the hospital under subparagraph (C) (referred to in this clause
            as the `subparagraph (C) target amount') and 25 percent of the
            rebased target amount (as defined in clause (ii));
                ``(II) with respect to discharges occurring in fiscal year
            2002, 50 percent of the subparagraph (C) target amount and 50
            percent of the rebased target amount;
                ``(III) with respect to discharges occurring in fiscal year
            2003, 25 percent of the subparagraph (C) target amount and 75
            percent of the rebased target amount; and
                ``(IV) with respect to discharges occurring after fiscal
            year 2003, 100 percent of the rebased target amount.

        ``(ii) For purposes of this subparagraph, the `rebased target
    amount' has the meaning given the term `target amount' in subparagraph
    (C) except that--
                ``(I) there shall be substituted for the base cost reporting
            period the 12-month cost reporting period beginning during
            fiscal year 1996;
                ``(II) any reference in subparagraph (C)(i) to the `first
            cost reporting period' described in such subparagraph is deemed

    [[Page 113 STAT. 1501A-373]]

            a reference to the first cost reporting period beginning on or
            after October 1, 2000; and
                ``(III) applicable increase percentage shall only be applied
            under subparagraph (C)(iv) for discharges occurring in fiscal
            years beginning with fiscal year 2002.''.

    SEC. 406. ONE YEAR SOLE COMMUNITY HOSPITAL PAYMENT INCREASE.

        Section 1886(b)(3)(B)(i) (42 U.S.C. 1395ww(b)(3)(B)(i)) is amended--
                (1) by redesignating subclause (XVII) as subclause (XVIII);
                (2) by striking subclause (XVI); and
                (3) by inserting after subclause (XV) the following new
            subclauses:
                ``(XVI) for fiscal year 2001, the market basket percentage
            increase minus 1.1 percentage points for hospitals (other than
            sole community hospitals) in all areas, and the market basket
            percentage increase for sole community hospitals,
                ``(XVII) for fiscal year 2002, the market basket percentage
            increase minus 1.1 percentage points for hospitals in all areas,
            and''.

    SEC. 407. INCREASED FLEXIBILITY IN PROVIDING GRADUATE PHYSICIAN TRAINING
                IN RURAL AND OTHER AREAS.

        (a) Counting Primary Care Residents on Certain Approved Leaves of
    Absence in Base Year FTE Count.--
                (1) Payment for direct graduate medical education.--Section
            1886(h)(4)(F) (42 U.S.C. 1395ww(h)(4)(F)) is amended--
                        (A) by redesignating the first sentence as clause
                    (i) with the heading ``In general.--'' and appropriate
                    indentation; and
                        (B) by adding at the end the following new clause:
                              ``(ii) Counting primary care residents on
                          certain approved leaves of absence in base year
                          fte count.--
                                        ``(I) In general.--In determining
                                    the number of such full-time equivalent
                                    residents for a hospital's most recent
                                    cost reporting period ending on or
                                    before December 31, 1996, for purposes
                                    of clause (i), the Secretary shall count
                                    an individual to the extent that the
                                    individual would have been counted as a
                                    primary care resident for such period
                                    but for the fact that the individual, as
                                    determined by the Secretary, was on
                                    maternity or disability leave or a
                                    similar approved leave of absence.
                                        ``(II) Limitation to 3 fte residents
                                    for any hospital.--The total number of
                                    individuals counted under subclause (I)
                                    for a hospital may not exceed 3 full-
                                    time equivalent residents.''.
                (2) Payment for indirect medical education.--Section
            1886(d)(5)(B)(v) (42 U.S.C. 1395ww(d)(5)(B)(v)) is amended by
            adding at the end the following: ``Rules similar to the rules of
            subsection (h)(4)(F)(ii) shall apply for purposes of this
            clause.''.
                (3) Effective date.--
                        (A) DGME.--The amendments made by paragraph (1)
                    apply to cost reporting periods that begin on or after
                    the date of the enactment of this Act.

    [[Page 113 STAT. 1501A-374]]

                        (B) IME.--The amendment made by paragraph (2)
                    applies to discharges occurring in cost reporting
                    periods that begin on or after such date of enactment.

        (b) Permitting 30 Percent Expansion in Current GME Training Programs
    for Hospitals Located in Rural Areas.--
                (1) Payment for direct graduate medical education.--Section
            1886(h)(4)(F)(i) (42 U.S.C. 1395ww(h)(4)(F)(i)), as amended by
            subsection (a)(1), is amended by inserting ``(or, 130 percent of
            such number in the case of a hospital located in a rural area)''
            after ``may not exceed the number''.
                (2) Payment for indirect medical education.--Section
            1886(d)(5)(B)(v) (42 U.S.C. 1395ww(d)(5)(B)(v)) is amended by
            inserting ``(or, 130 percent of such number in the case of a
            hospital located in a rural area)'' after ``may not exceed the
            number''.
                (3) Effective dates.--
                        (A) DGME.--The amendment made by paragraph (1)
                    applies to cost reporting periods beginning on or after
                    April 1, 2000.
                        (B) IME.--The amendment made by paragraph (2)
                    applies to discharges occurring on or after April 1,
                    2000.

        (c) Special Rule for Nonrural Facilities Serving Rural Areas.--
                (1) In general.--Section 1886(h)(4)(H) (42 U.S.C.
            1395ww(h)(4)(H)) is amended by adding at the end the following
            new clause:
                              ``(iv) Nonrural hospitals operating training
                          programs in rural areas.--In the case of a
                          hospital that is not located in a rural area but
                          establishes separately accredited approved medical
                          residency training programs (or rural tracks) in
                          an rural area or has an accredited training
                          program with an integrated rural track, the
                          Secretary shall adjust the limitation under
                          subparagraph (F) in an appropriate manner insofar
                          as it applies to such programs in such rural areas
                          in order to encourage the training of physicians
                          in rural areas.''.
                (2) Effective date.--The amendment made by paragraph (1)
            applies with respect to--
                        (A) payments to hospitals under section 1886(h) of
                    the Social Security Act (42 U.S.C. 1395ww(h)) for cost
                    reporting periods beginning on or after April 1, 2000;
                    and
                        (B) payments to hospitals under section
                    1886(d)(5)(B)(v) of such Act (42 U.S.C.
                    1395ww(d)(5)(B)(v)) for discharges occurring on or after
                    April 1, 2000.

        (d) Not Counting Against Numerical Limitation Certain Interns and
    Residents Transferred from a VA Residency Program That Loses
    Accreditation.--
                (1) In general.--Any applicable resident described in
            paragraph (2) shall not be taken into account in applying any
            limitation regarding the number of residents or interns for
            which payment may be made under section 1886 of the Social
            Security Act (42 U.S.C. 1395ww).
                (2) Applicable resident described.--An applicable resident
            described in this paragraph is a resident or intern who--
                        (A) participated in graduate medical education at a
                    facility of the Department of Veterans Affairs;

    [[Page 113 STAT. 1501A-375]]

                        (B) was subsequently transferred on or after January
                    1, 1997, and before July 31, 1998, to a hospital that
                    was not a Department of Veterans Affairs facility; and
                        (C) was transferred because the approved medical
                    residency program in which the resident or intern
                    participated would lose accreditation by the
                    Accreditation Council on Graduate Medical Education if
                    such program continued to train residents at the
                    Department of Veterans Affairs facility.
                (3) Effective date.--
                        (A) In general.--Paragraph (1) applies as if
                    included in the enactment of BBA.
                        (B) Retroactive payments.--If the Secretary of
                    Health and Human Services determines that a hospital
                    operating an approved medical residency program is owed
                    payments as a result of enactment of this subsection,
                    the Secretary shall make such payments not later than 60
                    days after the date of the enactment of this Act.

    SEC. 408. ELIMINATION OF CERTAIN RESTRICTIONS WITH RESPECT TO HOSPITAL
                SWING BED PROGRAM.

        (a) Elimination of Requirement for State Certificate of Need.--
    Section 1883(b) (42 U.S.C. 1395tt(b)) is amended to read as follows:
        ``(b) The Secretary may not enter into an agreement under this
    section with any hospital unless, except as provided under subsection
    (g), the hospital is located in a rural area and has less than 100
    beds.''.
        (b) Elimination of Swing Bed Restrictions on Certain Hospitals With
    More Than 49 Beds.--Section 1883(d) (42 U.S.C. 1395tt(d)) is amended--
                (1) by striking paragraphs (2) and (3); and
                (2) by striking ``(d)(1)'' and inserting ``(d)''.

        (c) Effective Date.--The amendments made by this section take effect
    on the date that is the first day after the expiration of the transition
    period under section 1888(e)(2)(E) of the Social Security Act (42 U.S.C.
    1395yy(e)(2)(E)) for payments for covered skilled nursing facility
    services under the medicare program.

    SEC. 409. GRANT PROGRAM FOR RURAL HOSPITAL TRANSITION TO PROSPECTIVE
                PAYMENT.

        Section 1820(g) (42 U.S.C. 1395i-4(g)) is amended by adding at the
    end the following new paragraph:
                ``(3) Upgrading data systems.--
                        ``(A) Grants to hospitals.--The Secretary may award
                    grants to hospitals that have submitted applications in
                    accordance with subparagraph (C) to assist eligible
                    small rural hospitals in meeting the costs of
                    implementing data systems required to meet requirements
                    established under the medicare program pursuant to
                    amendments made by the Balanced Budget Act of 1997.
                        ``(B) Eligible small rural hospital defined.--For
                    purposes of this paragraph, the term `eligible small
                    rural hospital' means a non-Federal, short-term general
                    acute care hospital that--
                              ``(i) is located in a rural area (as defined
                          for purposes of section 1886(d)); and
                              ``(ii) has less than 50 beds.

    [[Page 113 STAT. 1501A-376]]

                        ``(C) Application.--A hospital seeking a grant under
                    this paragraph shall submit an application to the
                    Secretary on or before such date and in such form and
                    manner as the Secretary specifies.
                        ``(D) Amount of grant.--A grant to a hospital under
                    this paragraph may not exceed $50,000.
                        ``(E) Use of funds.--A hospital receiving a grant
                    under this paragraph may use the funds for the purchase
                    of computer software and hardware, the education and
                    training of hospital staff on computer information
                    systems, and to offset costs related to the
                    implementation of prospective payment systems.
                        ``(F) Reports.--
                              ``(i) Information.--A hospital receiving a
                          grant under this section shall furnish the
                          Secretary with such information as the Secretary
                          may require to evaluate the project for which the
                          grant is made and to ensure that the grant is
                          expended for the purposes for which it is made.
                              ``(ii) Timing of submission.--
                                        ``(I) Interim reports.--The
                                    Secretary shall report to the Committee
                                    on Ways and Means of the House of
                                    Representatives and the Committee on
                                    Finance of the Senate at least annually
                                    on the grant program established under
                                    this section, including in such report
                                    information on the number of grants
                                    made, the nature of the projects
                                    involved, the geographic distribution of
                                    grant recipients, and such other matters
                                    as the Secretary deems appropriate.
                                        ``(II) Final report.--The Secretary
                                    shall submit a final report to such
                                    committees not later than 180 days after
                                    the completion of all of the projects
                                    for which a grant is made under this
                                    section.''.

    SEC. 410. GAO STUDY ON GEOGRAPHIC RECLASSIFICATION.

        (a) In General.--The Comptroller General of the United States shall
    conduct a study of the current laws and regulations for geographic
    reclassification of hospitals to determine whether such reclassification
    is appropriate for purposes of applying wage indices under the medicare
    program and whether such reclassification results in more accurate
    payments for all hospitals. Such study shall examine data on the number
    of hospitals that are reclassified and their reclassified status in
    determining payments under the medicare program. The study shall
    evaluate--
                (1) the magnitude of the effect of geographic
            reclassification on rural hospitals that are not reclassified;
                (2) whether the current thresholds used in geographic
            reclassification reclassify hospitals to the appropriate labor
            markets;
                (3) the effect of eliminating geographic reclassification
            through use of the occupational mix data;
                (4) the group reclassification policy;
                (5) changes in the number of reclassifications and the
            compositions of the groups;

    [[Page 113 STAT. 1501A-377]]

                (6) the effect of State-specific budget neutrality compared
            to national budget neutrality; and
                (7) whether there are sufficient controls over the
            intermediary evaluation of the wage data reported by hospitals.

        (b) Report.--Not later than 18 months after the date of the
    enactment of this Act, the Comptroller General of the United States
    shall submit to Congress a report on the study conducted under
    subsection (a).

                       Subtitle B--Other Rural Provisions

    SEC. 411. MEDPAC STUDY OF RURAL PROVIDERS.

        (a) Study.--The Medicare Payment Advisory Commission shall conduct a
    study of rural providers furnishing items and services for which payment
    is made under title XVIII of the Social Security Act. Such study shall
    examine and evaluate the adequacy and appropriateness of the categories
    of special payments (and payment methodologies) established for rural
    hospitals under the medicare program, and the impact of such categories
    on beneficiary access and quality of health care services.
        (b) Report.--Not later than 18 months after the date of the
    enactment of this Act, the Medicare Payment Advisory Commission shall
    submit to Congress a report on the study conducted under subsection (a).

    SEC. 412. EXPANSION OF ACCESS TO PARAMEDIC INTERCEPT SERVICES IN RURAL
                AREAS.

        (a) Expansion of Payment Areas.--Section 4531(c) of BBA (42 U.S.C.
    1395x note) is amended by adding at the end the following flush
    sentence:
    ``For purposes of this subsection, an area shall be treated as a rural
    area if it is designated as a rural area by any law or regulation of the
    State or if it is located in a rural census tract of a metropolitan
    statistical area (as determined under the most recent Goldsmith
    Modification, originally published in the Federal Register on February
    27, 1992 (57 Fed. Reg. 6725)).''.
        (b) Effective Date.--The amendment made by subsection (a) takes
    effect on January 1, 2000, and applies to ALS intercept services
    furnished on or after such date.

    SEC. 413. PROMOTING PROMPT IMPLEMENTATION OF INFORMATICS, TELEMEDICINE,
                AND EDUCATION DEMONSTRATION PROJECT.

        Section 4207 of BBA (42 U.S.C. 1395b-1 note) is amended--
                (1) in subsection (a)(1), by adding at the end the
            following: ``The Secretary shall make an award for such project
            not later than 3 months after the date of the enactment of the
            Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of
            1999. The Secretary shall accept the proposal adjudged to be the
            best technical proposal as of such date of enactment without the
            need for additional review or resubmission of proposals.'';
                (2) in subsection (a)(2)(A), by inserting before the period
            at the end the following: ``that qualify as Federally designated
            medically underserved areas or health professional shortage
            areas at the time of enrollment of beneficiaries under the
            project'';

    [[Page 113 STAT. 1501A-378]]

                (3) in subsection (c)(2), by striking ``and the source and
            amount of non-Federal funds used in the project'';
                (4) in subsection (d)(2)(A), by striking ``at a rate of 50
            percent of the costs that are reasonable and'' and inserting
            ``for the costs that are'';
                (5) in subsection (d)(2)(B)(i), by striking ``(but only in
            the case of patients located in medically underserved areas)''
            and inserting ``or at sites providing health care to patients
            located in medically underserved areas'';
                (6) in subsection (d)(2)(C)(i), by striking ``to deliver
            medical informatics services under'' and inserting ``for
            activities related to''; and
                (7) by amending paragraph (4) of subsection (d) to read as
            follows:
                ``(4) Cost-sharing.--The project may not impose cost-sharing
            on a medicare beneficiary for the receipt of services under the
            project. Project costs will cover all costs to medicare
            beneficiaries and providers related to participation in the
            project.''.

      TITLE V--PROVISIONS RELATING TO PART C (MEDICARE+CHOICE PROGRAM) AND
                     OTHER MEDICARE MANAGED CARE PROVISIONS

    Subtitle A--Provisions To Accommodate and Protect Medicare Beneficiaries

    SEC. 501. CHANGES IN MEDICARE+CHOICE ENROLLMENT RULES.

        (a) Permitting Enrollment in Alternative Medicare+Choice Plans and
    Medigap Coverage in Case of Involuntary Termination of Medicare+Choice
    Enrollment.--
                (1) In general.--Section 1851(e)(4) (42 U.S.C. 1395w-
            21(e)(4)) is amended by striking subparagraph (A) and inserting
            the following:
                        ``(A)(i) the certification of the organization or
                    plan under this part has been terminated, or the
                    organization or plan has notified the individual of an
                    impending termination of such certification; or
                        ``(ii) the organization has terminated or otherwise
                    discontinued providing the plan in the area in which the
                    individual resides, or has notified the individual of an
                    impending termination or discontinuation of such
                    plan;''.
                (2) Conforming medigap amendment.--Section 1882(s)(3) (42
            U.S.C. 1395ss(s)(3)) is amended--
                        (A) in subparagraph (A) in the matter following
                    clause (iii), by inserting ``, subject to subparagraph
                    (E),'' after ``in the case of an individual described in
                    subparagraph (B) who''; and
                        (B) by adding at the end the following new
                    subparagraph:

        ``(E)(i) An individual described in subparagraph (B)(ii) may elect
    to apply subparagraph (A) by substituting, for the date of

    [[Page 113 STAT. 1501A-379]]

    termination of enrollment, the date on which the individual was notified
    by the Medicare+Choice organization of the impending termination or
    discontinuance of the Medicare+Choice plan it offers in the area in
    which the individual resides, but only if the individual disenrolls from
    the plan as a result of such notification.
        ``(ii) In the case of an individual making such an election, the
    issuer involved shall accept the application of the individual submitted
    before the date of termination of enrollment, but the coverage under
    subparagraph (A) shall only become effective upon termination of
    coverage under the Medicare+Choice plan involved.''.
        (b) Continuous Open Enrollment for Institutionalized Individuals.--
    Section 1851(e)(2) (42 U.S.C. 1395w-21(e)(2)) is amended--
                (1) in subparagraph (B)(i), by inserting ``and subparagraph
            (D)'' after ``clause (ii)'';
                (2) in subparagraph (C)(i), by inserting ``and subparagraph
            (D)'' after ``clause (ii)''; and
                (3) by adding at the end the following new subparagraph:
                        ``(D) Continuous open enrollment for
                    institutionalized individuals.--At any time after 2001
                    in the case of a Medicare+Choice eligible individual who
                    is institutionalized (as defined by the Secretary), the
                    individual may elect under subsection (a)(1)--
                              ``(i) to enroll in a Medicare+Choice plan; or
                              ``(ii) to change the Medicare+Choice plan in
                          which the individual is enrolled.''.

        (c) Continuing Enrollment for Certain Enrollees.--Section 1851(b)(1)
    (42 U.S.C. 1395w-21(b)(1)) is amended--
                (1) in subparagraph (A), by inserting ``and except as
            provided in subparagraph (C)'' after ``may otherwise provide'';
            and
                (2) by adding at the end the following new subparagraph:
                        ``(C) Continuation of enrollment permitted where
                    service changed.--Notwithstanding subparagraph (A) and
                    in addition to subparagraph (B), if a Medicare+Choice
                    organization eliminates from its service area a
                    Medicare+Choice payment area that was previously within
                    its service area, the organization may elect to offer
                    individuals residing in all or portions of the affected
                    area who would otherwise be ineligible to continue
                    enrollment the option to continue enrollment in a
                    Medicare+Choice plan it offers so long as--
                              ``(i) the enrollee agrees to receive the full
                          range of basic benefits (excluding emergency and
                          urgently needed care) exclusively at facilities
                          designated by the organization within the plan
                          service area; and
                              ``(ii) there is no other Medicare+Choice plan
                          offered in the area in which the enrollee resides
                          at the time of the organization's election.''.

        (d) Effective Dates.--
                (1) The amendments made by subsection (a) apply to notices
            of impending terminations or discontinuances made on or after
            the date of the enactment of this Act.
                (2) The amendments made by subsection (c) apply to elections
            made on or after the date of the enactment of this Act with
            respect to eliminations of Medicare+Choice payment areas from a
            service area that occur before, on, or after the date of the
            enactment of this Act.

    [[Page 113 STAT. 1501A-380]]

    SEC. 502. CHANGE IN EFFECTIVE DATE OF ELECTIONS AND CHANGES OF ELECTIONS
                OF MEDICARE+CHOICE PLANS.

        (a) Open Enrollment.--Section 1851(f)(2) (42 U.S.C. 1395w-21(f)(2))
    is amended--
                (1) by inserting ``or change'' before ``is made''; and
                (2) by inserting ``, except that if such election or change
            is made after the 10th day of any calendar month, then the
            election or change shall not take effect until the first day of
            the second calendar month following the date on which the
            election or change is made'' before the period.

        (b) Effective Date.--The amendments made by this section apply to
    elections and changes of coverage made on or after January 1, 2000.

    SEC. 503. 2-YEAR EXTENSION OF MEDICARE COST CONTRACTS.

        Section 1876(h)(5)(B) (42 U.S.C. 1395mm(h)(5)(B)) is amended by
    striking ``2002'' and inserting ``2004''.

           Subtitle B--Provisions To Facilitate Implementation of the
                             Medicare+Choice Program

    SEC. 511. PHASE-IN OF NEW RISK ADJUSTMENT METHODOLOGY; STUDIES AND
                REPORTS ON RISK ADJUSTMENT.

        (a) Phase-In.--Section 1853(a)(3)(C) (42 U.S.C. 1395w-23(a)(3)(C))
    is amended--
                (1) by redesignating the first sentence as clause (i) with
            the heading ``In general.--'' and appropriate indentation; and
                (2) by adding at the end the following new clause:
                              ``(ii) Phase-in.--Such risk adjustment
                          methodology shall be implemented in a phased-in
                          manner so that the methodology insofar as it makes
                          adjustments to capitation rates for health status
                          applies to--
                                        ``(I) 10 percent of \1/12\ of the
                                    annual Medicare+Choice capitation rate
                                    in 2000 and 2001; and
                                        ``(II) not more than 20 percent of
                                    such capitation rate in 2002.''.

        (b) MedPAC Study and Report.--
                (1) Study.--The Medicare Payment Advisory Commission shall
            conduct a study that evaluates the methodology used by the
            Secretary of Health and Human Services in developing the risk
            factors used in adjusting the Medicare+Choice capitation rate
            paid to Medicare+Choice organizations under section 1853 of the
            Social Security Act (42 U.S.C. 1395w-23) and includes the issues
            described in paragraph (2).
                (2) Issues to be studied.--The issues described in this
            paragraph are the following:
                        (A) The ability of the average risk adjustment
                    factor applied to a Medicare+Choice plan to explain
                    variations in plans' average per capita medicare costs,
                    as reported by Medicare+Choice plans in the plans'
                    adjusted community rate filings.
                        (B) The year-to-year stability of the risk factors
                    applied to each Medicare+Choice plan and the potential
                    for

    [[Page 113 STAT. 1501A-381]]

                    substantial changes in payment for small Medicare+Choice
                    plans.
                        (C) For medicare beneficiaries newly enrolled in
                    Medicare+Choice plans in a given year, the
                    correspondence between the average risk factor
                    calculated from medicare fee-for-service data for those
                    individuals from the period prior to their enrollment in
                    a Medicare+Choice plan and the average risk factor
                    calculated for such individuals during their initial
                    year of enrollment in a Medicare+Choice plan.
                        (D) For medicare beneficiaries disenrolling from or
                    switching among Medicare+Choice plans in a given year,
                    the correspondence between the average risk factor
                    calculated from data pertaining to the period prior to
                    their disenrollment from a Medicare+Choice plan and the
                    average risk factor calculated from data pertaining to
                    the period after disenrollment.
                        (E) An evaluation of the exclusion of
                    ``discretionary'' hospitalizations from consideration in
                    the risk adjustment methodology.
                        (F) Suggestions for changes or improvements in the
                    risk adjustment methodology.
                (3) Report.--Not later than December 1, 2000, the Commission
            shall submit a report to Congress on the study conducted under
            paragraph (1), together with any recommendations for legislation
            that the Commission determines to be appropriate as a result of
            such study.

        (c) Study and Report Regarding Reporting of Encounter Data.--
                (1) Study.--The Secretary of Health and Human Services shall
            conduct a study on how to reduce the costs and burdens on
            Medicare+Choice organizations of their complying with reporting
            requirements for encounter data imposed by the Secretary in
            establishing and implementing a risk adjustment methodology used
            in making payments to such organizations under section 1853 of
            the Social Security Act (42 U.S.C. 1395w-23). The Secretary
            shall consult with representatives of Medicare+Choice
            organizations in conducting the study. The study shall address
            the following issues:
                        (A) Limiting the number and types of sites of
                    services (that are in addition to inpatient sites) for
                    which encounter data must be reported.
                        (B) Establishing alternative risk adjustment methods
                    that would require submission of less data.
                        (C) The potential for Medicare+Choice organizations
                    to misreport, overreport, or underreport prevalence of
                    diagnoses in outpatient sites of care, the potential for
                    increases in payments to Medicare+Choice organizations
                    from changes in Medicare+Choice plan coding practices
                    (commonly known as ``coding creep'') and proposed
                    methods for detecting and adjusting for such variations
                    in diagnosis coding as part of the risk adjustment
                    methodology using encounter data from multiple sites of
                    care.
                        (D) The impact of such requirements on the
                    willingness of insurers to offer Medicare+Choice MSA
                    plans and options for modifying encounter data reporting
                    requirements to accommodate such plans.

    [[Page 113 STAT. 1501A-382]]

                        (E) Differences in the ability of Medicare+Choice
                    organizations to report encounter data, and the
                    potential for adverse competitive impacts on group and
                    staff model health maintenance organizations or other
                    integrated providers of care based on data reporting
                    capabilities.
                (2) Report.--Not later than January 1, 2001, the Secretary
            shall submit a report to Congress on the study conducted under
            this subsection, together with any recommendations for
            legislation that the Secretary determines to be appropriate as a
            result of such study.

    SEC. 512. ENCOURAGING OFFERING OF MEDICARE+CHOICE PLANS IN AREAS WITHOUT
                PLANS.

        Section 1853 (42 U.S.C. 1395w-23) is amended--
                (1) in subsection (a)(1), by striking ``subsections (e) and
            (f)'' and inserting ``subsections (e), (g), and (i)'';
                (2) in subsection (c)(5), by inserting ``(other than those
            attributable to subsection (i))'' after ``payments under this
            part''; and
                (3) by adding at the end the following new subsection:

        ``(i) New Entry Bonus.--
                ``(1) In general.--Subject to paragraphs (2) and (3), in the
            case of Medicare+Choice payment area in which a Medicare+Choice
            plan has not been offered since 1997 (or in which all
            organizations that offered a plan since such date have filed
            notice with the Secretary, as of October 13, 1999, that they
            will not be offering such a plan as of January 1, 2000), the
            amount of the monthly payment otherwise made under this section
            shall be increased--
                        ``(A) only for the first 12 months in which any
                    Medicare+Choice plan is offered in the area, by 5
                    percent of the total monthly payment otherwise computed
                    for such payment area; and
                        ``(B) only for the subsequent 12 months, by 3
                    percent of the total monthly payment otherwise computed
                    for such payment area.
                ``(2) Period of application.--Paragraph (1) shall only apply
            to payment for Medicare+Choice plans which are first offered in
            a Medicare+Choice payment area during the 2-year period
            beginning on January 1, 2000.
                ``(3) Limitation to organization offering first plan in an
            area.--Paragraph (1) shall only apply to payment to the first
            Medicare+Choice organization that offers a Medicare+Choice plan
            in each Medicare+Choice payment area, except that if more than
            one such organization first offers such a plan in an area on the
            same date, paragraph (1) shall apply to payment for such
            organizations.
                ``(4) Construction.--Nothing in paragraph (1) shall be
            construed as affecting the calculation of the annual
            Medicare+Choice capitation rate under subsection (c) for any
            payment area or as applying to payment for any period not
            described in such paragraph and paragraph (2).
                ``(5) Offered defined.--In this subsection, the term
            `offered' means, with respect to a Medicare+Choice plan as of a
            date, that a Medicare+Choice eligible individual may enroll with
            the plan on that date, regardless of when the enrollment

    [[Page 113 STAT. 1501A-383]]

            takes effect or when the individual obtains benefits under the
            plan.''.

    SEC. 513. MODIFICATION OF 5-YEAR RE-ENTRY RULE FOR CONTRACT
                TERMINATIONS.

        (a) Reduction of General Exclusion Period to 2 Years.--Section
    1857(c)(4) (42 U.S.C. 1395w-27(c)(4)) is amended by striking ``5-year
    period'' and inserting ``2-year period''.
        (b) Specific Exception Where Change in Payment Policy.--
                (1) In general.--Section 1857(c)(4) (42 U.S.C. 1395w-
            27(c)(4)) is amended--
                        (A) by striking ``except in circumstances'' and
                    inserting ``except as provided in subparagraph (B) and
                    except in such other circumstances'';
                        (B) by redesignating the sentence following ``(4)''
                    as a subparagraph (A) with an appropriate indentation
                    and the heading ``In general.--''; and
                        (C) by adding at the end the following new
                    subparagraph:
                        ``(B) Earlier re-entry permitted where change in
                    payment policy.--Subparagraph (A) shall not apply with
                    respect to the offering by a Medicare+Choice
                    organization of a Medicare+Choice plan in a
                    Medicare+Choice payment area if during the 6-month
                    period beginning on the date the organization notified
                    the Secretary of the intention to terminate the most
                    recent previous contract, there was a legislative change
                    enacted (or a regulatory change adopted) that has the
                    effect of increasing payment amounts under section 1853
                    for that Medicare+Choice payment area.''.
                (2) Construction relating to additional exceptions.--Nothing
            in the amendment made by paragraph (1)(C) shall be construed to
            affect the authority of the Secretary of Health and Human
            Services to provide for exceptions in addition to the exception
            provided in such amendment, including exceptions provided under
            Operational Policy Letter #103 (OPL99.103).

        (c) Effective Date.--The amendments made by this section apply to
    contract terminations occurring before, on, or after the date of the
    enactment of this Act.

    SEC. 514. CONTINUED COMPUTATION AND PUBLICATION OF MEDICARE ORIGINAL
                FEE-FOR-SERVICE EXPENDITURES ON A COUNTY-SPECIFIC BASIS.

        (a) In General.--Section 1853(b) (42 U.S.C. 1395w-23(b)) is amended
    by adding at the end the following new paragraph:
                ``(4) Continued computation and publication of county-
            specific per capita fee-for-service expenditure information.--
            The Secretary, through the Chief Actuary of the Health Care
            Financing Administration, shall provide for the computation and
            publication, on an annual basis beginning with 2001 at the time
            of publication of the annual Medicare+Choice capitation rates
            under paragraph (1), of the following information for the
            original medicare fee-for-service program under parts A and B
            (exclusive of individuals eligible for coverage under section
            226A) for each Medicare+Choice payment area for the second
            calendar year ending before the date of publication:

    [[Page 113 STAT. 1501A-384]]

                        ``(A) Total expenditures per capita per month,
                    computed separately for part A and for part B.
                        ``(B) The expenditures described in subparagraph (A)
                    reduced by the best estimate of the expenditures (such
                    as graduate medical education and disproportionate share
                    hospital payments) not related to the payment of claims.
                        ``(C) The average risk factor for the covered
                    population based on diagnoses reported for medicare
                    inpatient services, using the same methodology as is
                    expected to be applied in making payments under
                    subsection (a).
                        ``(D) Such average risk factor based on diagnoses
                    for inpatient and other sites of service, using the same
                    methodology as is expected to be applied in making
                    payments under subsection (a).''.

        (b) Special Rule for 2001.--In providing for the publication of
    information under section 1853(b)(4) of the Social Security Act (42
    U.S.C. 1395w-23(b)(4)), as added by subsection (a), in 2001, the
    Secretary of Health and Human Services shall also include the
    information described in such section for 1998, as well as for 1999.

    SEC. 515. FLEXIBILITY TO TAILOR BENEFITS UNDER MEDICARE+CHOICE PLANS.

        (a) In General.--Section 1854 (42 U.S.C. 1395w-24) is amended--
                (1) in subsection (a)(1), by inserting ``(or segment of such
            an area if permitted under subsection (h))'' after ``service
            area'' in the matter preceding subparagraph (A); and
                (2) by adding at the end the following:

        ``(h) Permitting Use of Segments of Service Areas.--The Secretary
    shall permit a Medicare+Choice organization to elect to apply the
    provisions of this section uniformly to separate segments of a service
    area (rather than uniformly to an entire service area) as long as such
    segments are composed of one or more Medicare+Choice payment areas.''.
        (b) Effective Date.--The amendments made by this section apply to
    contract years beginning on or after January 1, 2001.

    SEC. 516. DELAY IN DEADLINE FOR SUBMISSION OF ADJUSTED COMMUNITY RATES.

        (a) Delay in Deadline for Submission of Adjusted Community Rates.--
    Section 1854(a)(1) (42 U.S.C. 1395w-24(a)(1)) is amended by striking
    ``May 1'' and inserting ``July 1'' in the matter preceding subparagraph
    (A).
        (b) Effective Date.--The amendment made by subsection (a) applies to
    information submitted by Medicare+Choice organizations for years
    beginning with 1999.

    SEC. 517. REDUCTION IN ADJUSTMENT IN NATIONAL PER CAPITA MEDICARE+CHOICE
                GROWTH PERCENTAGE FOR 2002.

        Section 1853(c)(6)(B)(v) (42 U.S.C. 1395w-23(c)(6)(B)(v)) is amended
    by striking ``0.5 percentage points'' and inserting ``0.3 percentage
    points''.

    SEC. 518. DEEMING OF MEDICARE+CHOICE ORGANIZATION TO MEET REQUIREMENTS.

        Section 1852(e)(4) (42 U.S.C. 1395w-22(e)(4)) is amended to read as
    follows:

    [[Page 113 STAT. 1501A-385]]

                ``(4) Treatment of accreditation.--
                        ``(A) In general.--The Secretary shall provide that
                    a Medicare+Choice organization is deemed to meet all the
                    requirements described in any specific clause of
                    subparagraph (B) if the organization is accredited (and
                    periodically reaccredited) by a private accrediting
                    organization under a process that the Secretary has
                    determined assures that the accrediting organization
                    applies and enforces standards that meet or exceed the
                    standards established under section 1856 to carry out
                    the requirements in such clause.
                        ``(B) Requirements described.--The provisions
                    described in this subparagraph are the following:
                              ``(i) Paragraphs (1) and (2) of this
                          subsection (relating to quality assurance
                          programs).
                              ``(ii) Subsection (b) (relating to
                          antidiscrimination).
                              ``(iii) Subsection (d) (relating to access to
                          services).
                              ``(iv) Subsection (h) (relating to
                          confidentiality and accuracy of enrollee records).
                              ``(v) Subsection (i) (relating to information
                          on advance directives).
                              ``(vi) Subsection (j) (relating to provider
                          participation rules).
                        ``(C) Timely action on applications.--The Secretary
                    shall determine, within 210 days after the date the
                    Secretary receives an application by a private
                    accrediting organization and using the criteria
                    specified in section 1865(b)(2), whether the process of
                    the private accrediting organization meets the
                    requirements with respect to any specific clause in
                    subparagraph (B) with respect to which the application
                    is made. The Secretary may not deny such an application
                    on the basis that it seeks to meet the requirements with
                    respect to only one, or more than one, such specific
                    clause.
                        ``(D) Construction.--Nothing in this paragraph shall
                    be construed as limiting the authority of the Secretary
                    under section 1857, including the authority to terminate
                    contracts with Medicare+Choice organizations under
                    subsection (c)(2) of such section.''.

    SEC. 519. TIMING OF MEDICARE+CHOICE HEALTH INFORMATION FAIRS.

        (a) In General.--Section 1851(e)(3)(C) (42 U.S.C. 1395w-21(e)(3)(C))
    is amended by striking ``In the month of November'' and inserting
    ``During the fall season''.
        (b) Effective Date.--The amendment made by subsection (a) first
    applies to campaigns conducted beginning in 2000.

    SEC. 520. QUALITY ASSURANCE REQUIREMENTS FOR PREFERRED PROVIDER
                ORGANIZATION PLANS.

        (a) In General.--Section 1852(e)(2) (42 U.S.C. 1395w-22(e)(2)) is
    amended--
                (1) in subparagraph (A), by striking ``or a non-network MSA
            plan'' and inserting ``, a non-network MSA plan, or a preferred
            provider organization plan';
                (2) in subparagraph (B)--
                        (A) in the heading, by striking ``and non-network
                    msa plans'' and inserting ``, non-network msa plans, and
                    preferred provider organization plans''; and

    [[Page 113 STAT. 1501A-386]]

                        (B) by striking ``or a non-network MSA plan'' and
                    inserting ``, a non-network MSA plan, or a preferred
                    provider organization plan'';
                (3) by adding at the end the following:
                        ``(D) Definition of preferred provider organization
                    plan.--In this paragraph, the term `preferred provider
                    organization plan' means a Medicare+Choice plan that--
                              ``(i) has a network of providers that have
                          agreed to a contractually specified reimbursement
                          for covered benefits with the organization
                          offering the plan;
                              ``(ii) provides for reimbursement for all
                          covered benefits regardless of whether such
                          benefits are provided within such network of
                          providers; and
                              ``(iii) is offered by an organization that is
                          not licensed or organized under State law as a
                          health maintenance organization.''.

        (b) Effective Date.--The amendments made by subsection (a) apply to
    contract years beginning on or after January 1, 2000.
        (c) Quality Improvement Standards.--
                (1) Study.--The Medicare Payment Advisory Commission shall
            conduct a study on the appropriate quality improvement standards
            that should apply to--
                        (A) each type of Medicare+Choice plan described in
                    section 1851(a)(2) of the Social Security Act (42 U.S.C.
                    1395w-21(a)(2)), including each type of Medicare+Choice
                    plan that is a coordinated care plan (as described in
                    subparagraph (A) of such section); and
                        (B) the original medicare fee-for-service program
                    under parts A and B title XVIII of such Act (42 U.S.C.
                    1395 et seq.).
                (2) Considerations.--Such study shall specifically examine
            the effects, costs, and feasibility of requiring entities,
            physicians, and other health care providers that provide items
            and services under the original medicare fee-for-service program
            to comply with quality standards and related reporting
            requirements that are comparable to the quality standards and
            related reporting requirements that are applicable to
            Medicare+Choice organizations.
                (3) Report.--Not later than 2 years after the date of the
            enactment of this Act, such Commission shall submit a report to
            Congress on the study conducted under this subsection, together
            with any recommendations for legislation that it determines to
            be appropriate as a result of such study.

    SEC. 521. CLARIFICATION OF NONAPPLICABILITY OF CERTAIN PROVISIONS OF
                DISCHARGE PLANNING PROCESS TO MEDICARE+CHOICE PLANS.

        Section 1861(ee) (42 U.S.C. 1395x(ee)(2)(H)) is amended by adding at
    the end the following:
        ``(3) With respect to a discharge plan for an individual who is
    enrolled with a Medicare+Choice organization under a Medicare+Choice
    plan and is furnished inpatient hospital services by a hospital under a
    contract with the organization--
                ``(A) the discharge planning evaluation under paragraph
            (2)(D) is not required to include information on the
            availability of home health services through individuals and
            entities which do not have a contract with the organization; and

    [[Page 113 STAT. 1501A-387]]

                ``(B) notwithstanding subparagraph (H)(i), the plan may
            specify or limit the provider (or providers) of post-hospital
            home health services or other post-hospital services under the
            plan.''.

    SEC. 522. USER FEE FOR MEDICARE+CHOICE ORGANIZATIONS BASED ON NUMBER OF
                ENROLLED BENEFICIARIES.

        (a) In General.--Section 1857(e)(2) (42 U.S.C. 1395w-27(e)(2)) is
    amended--
                (1) in subparagraph (B), by striking ``Any amounts collected
            are authorized to be appropriated only for'' and inserting ``Any
            amounts collected shall be available without further
            appropriation to the Secretary for'';
                (2) by amending subparagraph (C) to read as follows:
                        ``(C) Authorization of appropriations.--There are
                    authorized to be appropriated for the purposes described
                    in subparagraph (B) for each fiscal year beginning with
                    fiscal year 2001 an amount equal to $100,000,000,
                    reduced by the amount of fees authorized to be collected
                    under this paragraph for the fiscal year.'';
                (3) in subparagraph (D)(ii)--
                        (A) in subclause (II), by striking ``and'';
                        (B) in subclause (III), by striking `` and each
                    subsequent fiscal year.'' and inserting ``; and''; and
                        (C) by adding at the end the following:
                              ``(IV) the Medicare+Choice portion (as defined
                          in subparagraph (E)) of $100,000,000 in fiscal
                          year 2001 and each succeeding fiscal year.''; and
                (4) by adding at the end the following:
                        ``(E) Medicare+choice portion defined.--In this
                    paragraph, the term `Medicare+Choice portion' means, for
                    a fiscal year, the ratio, as estimated by the Secretary,
                    of--
                              ``(i) the average number of individuals
                          enrolled in Medicare+Choice plans during the
                          fiscal year, to
                              ``(ii) the average number of individuals
                          entitled to benefits under part A, and enrolled
                          under part B, during the fiscal year.''.

        (b) Effective Date.--The amendments made by subsection (a) apply to
    fees charged on or after January 1, 2001. The Secretary of Health and
    Human Services may not increase the fees charged under section
    1857(e)(2) of the Social Security Act (42 U.S.C. 1395w-27(e)(2)) for the
    3-month period beginning with October 2000 above the level in effect
    during the previous 9-month period.

    SEC. 523. CLARIFICATION REGARDING THE ABILITY OF A RELIGIOUS FRATERNAL
                BENEFIT SOCIETY TO OPERATE ANY MEDICARE+CHOICE PLAN.

        Section 1859(e)(2) (42 U.S.C. 1395w-29(e)(2)) is amended in the
    matter preceding subparagraph (A) by striking ``section 1851(a)(2)(A)''
    and inserting ``section 1851(a)(2)''.

    SEC. 524. RULES REGARDING PHYSICIAN REFERRALS FOR MEDICARE+CHOICE
                PROGRAM.

        (a) In General.--Section 1877(b)(3) (42 U.S.C. 1395nn(b)(3)) is
    amended--
                (1) in subparagraph (C), by striking ``or'' at the end;
                (3) by adding at the end the following:

    [[Page 113 STAT. 1501A-388]]

                (2) in subparagraph (D), by striking the period at the end
            and inserting ``, or''; and
                        ``(E) that is a Medicare+Choice organization under
                    part C that is offering a coordinated care plan
                    described in section 1851(a)(2)(A) to an individual
                    enrolled with the organization.''.

        (b) Effective Date.--The amendment made by this section shall apply
    to services furnished on or after the date of the enactment of this Act.

       Subtitle C--Demonstration Projects and Special Medicare Populations

    SEC. 531. EXTENSION OF SOCIAL HEALTH MAINTENANCE ORGANIZATION
                DEMONSTRATION (SHMO) PROJECT AUTHORITY.

        (a) Extension.--Section 4018(b) of the Omnibus Budget Reconciliation
    Act of 1987 (Public Law 100-203) is amended--
                (1) in paragraph (1), by striking ``December 31, 2000'' and
            inserting ``the date that is 18 months after the date that the
            Secretary submits to Congress the report described in section
            4014(c) of the Balanced Budget Act of 1997'';
                (2) in paragraph (4), by striking ``March 31, 2001'' and
            inserting ``the date that is 21 months after the date on which
            Secretary submits to Congress the report described in section
            4014(c) of the Balanced Budget Act of 1997''; and
                (3) by adding at the end of paragraph (4) the following:
            ``Not later than 6 months after the date the Secretary submits
            such final report, the Medicare Payment Advisory Commission
            shall submit to Congress a report containing recommendations
            regarding such project.''.

        (b) Substitution of Aggregate Cap.--Section 13567(c) of the Omnibus
    Budget Reconciliation Act of 1993 (Public Law 103-66) is amended to read
    as follows:
        ``(c) Aggregate Limit on Number of Members.--The Secretary of Health
    and Human Services may not impose a limit on the number of individuals
    that may participate in a project conducted under section 2355 of the
    Deficit Reduction Act of 1984, other than an aggregate limit of not less
    than 324,000 for all sites.''.

    SEC. 532. EXTENSION OF MEDICARE COMMUNITY NURSING ORGANIZATION
                DEMONSTRATION PROJECT.

        (a) Extension.--Notwithstanding any other provision of law, any
    demonstration project conducted under section 4079 of the Omnibus Budget
    Reconciliation Act of 1987 (Public Law 100-123; 42 U.S.C. 1395mm note)
    and conducted for the additional period of 2 years as provided for under
    section 4019 of BBA, shall be conducted for an additional period of 2
    years. The Secretary of Health and Human Services shall provide for such
    reduction in payments under such project in the extension period
    provided under the previous sentence as the Secretary determines is
    necessary to ensure that total Federal expenditures during the extension
    period under the project do not exceed the total Federal expenditures
    that would have been made under title XVIII of the Social Security Act
    if such project had not been so extended.

    [[Page 113 STAT. 1501A-389]]

        (b) Report.--Not later than July 1, 2001, the Secretary of Health
    and Human Services shall submit to Congress a report describing the
    results of any demonstration project conducted under section 4079 of the
    Omnibus Budget Reconciliation Act of 1987, and describing the data
    collected by the Secretary relevant to the analysis of the results of
    such project, including the most recently available data through the end
    of 2000.

    SEC. 533. MEDICARE+CHOICE COMPETITIVE BIDDING DEMONSTRATION PROJECT.

        Section 4011 of BBA (42 U.S.C. 1395w-23 note) is amended--
                (1) in subsection (a)--
                        (A) by striking ``The Secretary'' and inserting the
                    following (and conforming the indentation for the
                    remainder of the subsection accordingly):
                ``(1) In general.--Subject to the succeeding provisions of
            this subsection, the Secretary''; and
                        (B) by adding at the end the following:
                ``(2) Delay in implementation.--The Secretary shall not
            implement the project until January 1, 2002, or, if later, 6
            months after the date the Competitive Pricing Advisory Committee
            has submitted to Congress a report on each of the following
            topics:
                        ``(A) Incorporation of original medicare fee-for-
                    service program into project.--What changes would be
                    required in the project to feasibly incorporate the
                    original medicare fee-for-service program into the
                    project in the areas in which the project is
                    operational.
                        ``(B) Quality activities.--The nature and extent of
                    the quality reporting and monitoring activities that
                    should be required of plans participating in the
                    project, the estimated costs that plans will incur as a
                    result of these requirements, and the current ability of
                    the Health Care Financing Administration to collect and
                    report comparable data, sufficient to support comparable
                    quality reporting and monitoring activities with respect
                    to beneficiaries enrolled in the original medicare fee-
                    for-service program generally.
                        ``(C) Rural project.--The current viability of
                    initiating a project site in a rural area, given the
                    site specific budget neutrality requirements of the
                    project under subsection (g), and insofar as the
                    Committee decides that the addition of such a site is
                    not viable, recommendations on how the project might
                    best be changed so that such a site is viable.
                        ``(D) Benefit structure.--The nature and extent of
                    the benefit structure that should be required of plans
                    participating in the project, the rationale for such
                    benefit structure, the potential implications that any
                    benefit standardization requirement may have on the
                    number of plan choices available to a beneficiary in an
                    area designated under the project, the potential
                    implications of requiring participating plans to offer
                    variations on any standardized benefit package the
                    committee might recommend, such that a beneficiary could
                    elect to pay a higher percentage of out-of-pocket costs
                    in exchange for a lower premium (or premium rebate as
                    the case may be), and the potential

    [[Page 113 STAT. 1501A-390]]

                    implications of expanding the project (in conjunction
                    with the potential inclusion of the original medicare
                    fee-for-service program) to require medicare
                    supplemental insurance plans operating in an area
                    designated under the project to offer a coordinated and
                    comparable standardized benefit package.
                ``(3) Conforming deadlines.--Any dates specified in the
            succeeding provisions of this section shall be delayed (as
            specified by the Secretary) in a manner consistent with the
            delay effected under paragraph (2).''; and
                (2) in subsection (c)(1)(A)--
                        (A) by striking ``and'' at the end of clause (i);
                    and
                        (B) by adding at the end the following new clause:
                              ``(iii) establish beneficiary premiums for
                          plans offered in such area in a manner such that a
                          beneficiary who enrolls in an offered plan the per
                          capita bid for which is less than the standard per
                          capita government contribution (as established by
                          the competitive pricing methodology established
                          for such area) may, at the plan's election, be
                          offered a rebate of some or all of the medicare
                          part B premium that such individual must otherwise
                          pay in order to participate in a Medicare+Choice
                          plan under the Medicare+Choice program; and''.

    SEC. 534. EXTENSION OF MEDICARE MUNICIPAL HEALTH SERVICES DEMONSTRATION
                PROJECTS.

        Section 9215(a) of the Consolidated Omnibus Budget Reconciliation
    Act of 1985, as amended by section 6135 of the Omnibus Budget
    Reconciliation Act of 1989, section 13557 of the Omnibus Budget
    Reconciliation Act of 1993, and section 4017 of BBA, is amended by
    striking ``December 31, 2000'' and inserting ``December 31, 2002''.

    SEC. 535. MEDICARE COORDINATED CARE DEMONSTRATION PROJECT.

        Section 4016(e)(1)(A)(ii) of BBA (42 U.S.C. 1395b-1 note) is amended
    to read as follows:
                              ``(ii) Cancer hospital.--In the case of the
                          project described in subsection (b)(2)(C), the
                          Secretary shall provide for the transfer from the
                          Federal Hospital Insurance Trust Fund and the
                          Federal Supplementary Insurance Trust Fund under
                          title XVIII of the Social Security Act (42 U.S.C.
                          1395i, 1395t), in such proportions as the
                          Secretary determines to be appropriate, of such
                          funds as are necessary to cover costs of the
                          project, including costs for information
                          infrastructure and recurring costs of case
                          management services, flexible benefits, and
                          program management.''.

    SEC. 536. MEDIGAP PROTECTIONS FOR PACE PROGRAM ENROLLEES.

        (a) In General.--Section 1882(s)(3)(B) (42 U.S.C. 1395ss(s)(3)(B))
    is amended--
                (1) in clause (ii), by inserting ``or the individual is 65
            years of age or older and is enrolled with a PACE provider under
            section 1894, and there are circumstances that would permit the
            discontinuance of the individual's enrollment with such provider
            under circumstances that are similar to the circumstances that
            would permit discontinuance of the individual's

    [[Page 113 STAT. 1501A-391]]

            election under the first sentence of such section if such
            individual were enrolled in a Medicare+Choice plan'' before the
            period;
                (2) in clause (v)(II), by inserting ``any PACE provider
            under section 1894,'' after ``demonstration project
            authority,''; and
                (3) in clause (vi)--
                        (A) by inserting ``or in a PACE program under
                    section 1894'' after ``part C''; and
                        (B) by striking ``such plan'' and inserting ``such
                    plan or such program''.

        (b) Effective Date.--The amendments made by this section shall apply
    to terminations or discontinuances made on or after the date of the
    enactment of this Act.

       Subtitle D--Medicare+Choice Nursing and Allied Health Professional
                               Education Payments

    SEC. 541. MEDICARE+CHOICE NURSING AND ALLIED HEALTH PROFESSIONAL
                EDUCATION PAYMENTS.

        (a) Additional Payments for Nursing and Allied Health Education.--
    Section 1886 (42 U.S.C. 1395ww) is amended by adding at the end the
    following new subsection:
        ``(l) Payment for Nursing and Allied Health Education for Managed
    Care Enrollees.--
                ``(1) In general.--For portions of cost reporting periods
            occurring in a year (beginning with 2000), the Secretary shall
            provide for an additional payment amount for any hospital that
            receives payments for the costs of approved educational
            activities for nurse and allied health professional training
            under section 1861(v)(1).
                ``(2) Payment amount.--The additional payment amount under
            this subsection for each hospital for portions of cost reporting
            periods occurring in a year shall be an amount specified by the
            Secretary in a manner consistent with the following:
                        ``(A) Determination of managed care enrollee payment
                    ratio for graduate medical education payments.--The
                    Secretary shall estimate the ratio of payments for all
                    hospitals for portions of cost reporting periods
                    occurring in the year under subsection (h)(3)(D) to
                    total direct graduate medical education payments
                    estimated for such portions of periods under subsection
                    (h)(3).
                        ``(B) Application to fee-for-service nursing and
                    allied health education payments.--Such ratio shall be
                    applied to the Secretary's estimate of total payments
                    for nursing and allied health education determined under
                    section 1861(v) for portions of cost reporting periods
                    occurring in the year to determine a total amount of
                    additional payments for nursing and allied health
                    education to be distributed to hospitals under this
                    subsection for portions of cost reporting periods
                    occurring in the year; except that in no case shall such
                    total amount exceed $60,000,000 in any year.
                        ``(C) Application to hospital.--The amount of
                    payment under this subsection to a hospital for portions
                    of

    [[Page 113 STAT. 1501A-392]]

                    cost reporting periods occurring in a year is equal to
                    the total amount of payments determined under
                    subparagraph (B) for the year multiplied by the
                    Secretary's estimate of the ratio of the amount of
                    payments made under section 1861(v) to the hospital for
                    nursing and allied health education activities for the
                    hospital's cost reporting period ending in the second
                    preceding fiscal year to the total of such amounts for
                    all hospitals for such cost reporting periods.''.

        (b) Adjustments in Payments for Direct Graduate Medical Education.--
    Section 1886(h)(3)(D) (42 U.S.C. 1395ww(h)(3)(D)) is amended--
                (1) in clause (i), by inserting ``, subject to clause
            (iii),'' after ``shall equal'';
                (2) by redesignating clause (iii) as clause (iv); and
                (3) by inserting after clause (ii) the following new clause:
                              ``(iii) Proportional reduction for nursing and
                          allied health education.--The Secretary shall
                          estimate a proportional adjustment in payments to
                          all hospitals determined under clauses (i) and
                          (ii) for portions of cost reporting periods
                          beginning in a year (beginning with 2000) such
                          that the proportional adjustment reduces payments
                          in an amount for such year equal to the total
                          additional payment amounts for nursing and allied
                          health education determined under subsection (l)
                          for portions of cost reporting periods occurring
                          in that year.''.

                         Subtitle E--Studies and Reports

    SEC. 551. REPORT ON ACCOUNTING FOR VA AND DOD EXPENDITURES FOR MEDICARE
                BENEFICIARIES.

        Not later April 1, 2001, the Secretary of Health and Human Services,
    jointly with the Secretaries of Defense and of Veterans Affairs, shall
    submit to Congress a report on the estimated use of health care services
    furnished by the Departments of Defense and of Veterans Affairs to
    medicare beneficiaries, including both beneficiaries under the original
    medicare fee-for-service program and under the Medicare+Choice program.
    The report shall include an analysis of how best to properly account for
    expenditures for such services in the computation of Medicare+Choice
    capitation rates.

    SEC. 552. MEDICARE PAYMENT ADVISORY COMMISSION STUDIES AND REPORTS.

        (a) Development of Special Payment Rules Under the Medicare+Choice
    Program for Frail Elderly Enrolled in Specialized Programs.--
                (1) Study.--The Medicare Payment Advisory Commission shall
            conduct a study on the development of a payment methodology
            under the Medicare+Choice program for frail elderly
            Medicare+Choice beneficiaries enrolled in a Medicare+Choice plan
            under a specialized program for the frail elderly that--
                        (A) accounts for the prevalence, mix, and severity
                    of chronic conditions among such frail elderly
                    Medicare+Choice beneficiaries;

    [[Page 113 STAT. 1501A-393]]

                        (B) includes medical diagnostic factors from all
                    provider settings (including hospital and nursing
                    facility settings); and
                        (C) includes functional indicators of health status
                    and such other factors as may be necessary to achieve
                    appropriate payments for plans serving such
                    beneficiaries.
                (2) Report.--Not later than 1 year after the date of the
            enactment of this Act, the Commission shall submit a report to
            Congress on the study conducted under paragraph (1), together
            with any recommendations for legislation that the Commission
            determines to be appropriate as a result of such study.

        (b) Report on Medicare MSA (Medical Savings Account) Plans.--Not
    later than 1 year after the date of the enactment of this Act, the
    Medicare Payment Assessment Commission shall submit to Congress a report
    on specific legislative changes that should be made to make MSA plans
    (as defined in section 1859(b)(3) of the Social Security Act, 42 U.S.C.
    1395w-29(b)(3)) a viable option under the Medicare+Choice program.

    SEC. 553. GAO STUDIES, AUDITS, AND REPORTS.

        (a) Study of Medigap Policies.--
                (1) In general.--The Comptroller General of the United
            States (in this section referred to as the ``Comptroller
            General'') shall conduct a study of the issues described in
            paragraph (2) regarding medicare supplemental policies described
            in section 1882(g)(1) of the Social Security Act (42 U.S.C.
            1395ss(g)(1)).
                (2) Issues to be studied.--The issues described in this
            paragraph are the following:
                        (A) The level of coverage provided by each type of
                    medicare supplemental policy.
                        (B) The current enrollment levels in each type of
                    medicare supplemental policy.
                        (C) The availability of each type of medicare
                    supplemental policy to medicare beneficiaries over age
                    65\1/2\.
                        (D) The number and type of medicare supplemental
                    policies offered in each State.
                        (E) The average out-of-pocket costs (including
                    premiums) per beneficiary under each type of medicare
                    supplemental policy.
                (2) Report.--Not later than July 31, 2001, the Comptroller
            General shall submit a report to Congress on the results of the
            study conducted under this subsection, together with any
            recommendations for legislation that the Comptroller General
            determines to be appropriate as a result of such study.

        (b) GAO Audit and Reports on the Provision of Medicare+Choice Health
    Information to Beneficiaries.--
                (1) In general.--Beginning in 2000, the Comptroller General
            shall conduct an annual audit of the expenditures by the
            Secretary of Health and Human Services during the preceding year
            in providing information regarding the Medicare+Choice program
            under part C of title XVIII of the Social Security Act (42
            U.S.C. 1395w-21 et seq.) to eligible medicare beneficiaries.
                (3) Reports.--Not later than March 31 of 2001, 2004, 2007,
            and 2010, the Comptroller General shall submit a report

    [[Page 113 STAT. 1501A-394]]

            to Congress on the results of the audit of the expenditures of
            the preceding 3 years conducted pursuant to subsection (a),
            together with an evaluation of the effectiveness of the means
            used by the Secretary of Health and Human Services in providing
            information regarding the Medicare+Choice program under part C
            of title XVIII of the Social Security Act (42 U.S.C. 1395w-21 et
            seq.) to eligible medicare beneficiaries.

                               TITLE VI--MEDICAID

    SEC. 601. INCREASE IN DSH ALLOTMENT FOR CERTAIN STATES AND THE DISTRICT
                OF COLUMBIA.

        (a) In General.--The table in section 1923(f)(2) (42 U.S.C. 1396r-
    4(f)(2)) is amended under each of the columns for FY 00, FY 01, and FY
    02--
                (1) in the entry for the District of Columbia, by striking
            ``23'' and inserting ``32'';
                (2) in the entry for Minnesota, by striking ``16'' and
            inserting ``33'';
                (3) in the entry for New Mexico, by striking ``5'' and
            inserting ``9''; and
                (4) in the entry for Wyoming, by striking ``0'' and
            inserting ``0.1''.

        (b) Effective Date.--The amendments made by subsection (a) take
    effect on October 1, 1999, and applies to expenditures made on or after
    such date.

    SEC. 602. REMOVAL OF FISCAL YEAR LIMITATION ON CERTAIN TRANSITIONAL
                ADMINISTRATIVE COSTS ASSISTANCE.

        (a) In General.--Section 1931(h) (42 U.S.C. 1396u-1(h)) is amended--
                (1) in paragraph (3), by striking ``and ending with fiscal
            year 2000''; and
                (2) by striking paragraph (4).

        (b) Effective Date.--The amendments made by this section shall take
    effect as if included in the enactment of section 114 of the Personal
    Responsibility and Work Opportunity Reconciliation Act of 1996 (Public
    Law 104-193; 110 Stat. 2177).

    SEC. 603. MODIFICATION OF THE PHASE-OUT OF PAYMENT FOR FEDERALLY-
                QUALIFIED HEALTH CENTER SERVICES AND RURAL HEALTH CLINIC
                SERVICES BASED ON REASONABLE COSTS.

        (a) Modification of Phase-Out.--
                (1) In general.--Section 1902(a)(13)(C)(i) (42 U.S.C.
            1396a(a)(13)(C)(i)) is amended by striking ``90 percent for
            services furnished during fiscal year 2001, 85 percent for
            services furnished during fiscal year 2002, or 70 percent for
            services furnished during fiscal year 2003'' and inserting
            ``fiscal year 2001, or fiscal year 2002, 90 percent for services
            furnished during fiscal year 2003, or 85 percent for services
            furnished during fiscal year 2004''.
                (2) Conforming amendment to end of transitional payment
            rules.--Section 4712(c) of BBA (111 Stat. 509) is amended by
            striking ``2003'' and inserting ``2004''.

    [[Page 113 STAT. 1501A-395]]

                (3) Effective date.--The amendments made by this subsection
            shall take effect as if included in the enactment of section
            4712 of BBA (111 Stat. 508).

        (b) GAO Study and Report.--Not later than 1 year after the date of
    the enactment of this Act, the Comptroller General of the United States
    shall submit a report to Congress that evaluates the effect on
    Federally-qualified health centers and rural health clinics and on the
    populations served by such centers and clinics of the phase-out and
    elimination of the reasonable cost basis for payment for Federally-
    qualified health center services and rural health clinic services
    provided under section 1902(a)(13)(C)(i) of the Social Security Act (42
    U.S.C. 1396a(a)(13)(C)(i)), as amended by section 4712 of BBA (111 Stat.
    508) and subsection (a) of this section. Such report shall include an
    analysis of the amount, method, and impact of payments made by States
    that have provided for payment under title XIX of such Act for such
    services on a basis other than payment of costs which are reasonable and
    related to the cost of furnishing such services, together with any
    recommendations for legislation, including whether a new payment system
    is needed, that the Comptroller General determines to be appropriate as
    a result of the study.

    SEC. 604. PARITY IN REIMBURSEMENT FOR CERTAIN UTILIZATION AND QUALITY
                CONTROL SERVICES; ELIMINATION OF DUPLICATIVE REQUIREMENTS
                FOR EXTERNAL QUALITY REVIEW OF MEDICAID MANAGED CARE
                ORGANIZATIONS.

        (a) Parity in Reimbursement for Certain Utilization and Quality
    Control Services.--
                (1) Interim amendment to remove references to quality
            review.--Section 1902(d) (42 U.S.C. 1396a(d)) is amended by
            striking ``for the performance of the quality review functions
            described in subsection (a)(30)(C),''.
                (2) Final amendments to remove references to quality
            review.--
                        (A) Section 1902.--Section 1902(d) (42 U.S.C.
                    1396a(d)) is amended by striking ``(including quality
                    review functions described in subsection (a)(30)(C))''.
                        (B) Section 1903.--Section 1903(a)(3)(C)(i) (42
                    U.S.C. 1396b(a)(3)(C)(i)) is amended by striking ``or
                    quality review''.

        (b) Elimination of Duplicative Requirements for External Quality
    Review of Medicaid Managed Care Organizations.--
                (1) In general.--Section 1902(a)(30) (42 U.S.C.
            1396a(a)(30)) is amended--
                        (A) in subparagraph (A), by adding ``and'' at the
                    end;
                        (B) in subparagraph (B)(ii), by striking ``and'' at
                    the end; and
                        (C) by striking subparagraph (C).
                (2) Conforming amendment.--Section 1903(m)(6)(B) (42 U.S.C.
            1396b(m)(6)(B)) is amended--
                        (A) in clause (ii), by adding ``and'' at the end;
                        (B) in clause (iii), by striking ``; and'' and
                    inserting a period; and
                        (C) by striking clause (iv).

        (c) Effective Dates.--

    [[Page 113 STAT. 1501A-396]]

                (1) The amendment made by subsection (a)(1) applies to
            expenditures made on and after the date of the enactment of this
            Act.
                (2) The amendments made by subsections (a)(2) and (b) apply
            as of such date as the Secretary of Health and Human Services
            certifies to Congress that the Secretary is fully implementing
            section 1932(c)(2) of the Social Security Act (42 U.S.C. 1396u-
            2(c)(2)).

    SEC. 605. INAPPLICABILITY OF ENHANCED MATCH UNDER THE STATE CHILDREN'S
                HEALTH INSURANCE PROGRAM TO MEDICAID DSH PAYMENTS.

        (a) In General.--The last sentence of section 1905(b) (42 U.S.C.
    1396d(b)) is amended by inserting ``(other than expenditures under
    section 1923)'' after ``with respect to expenditures''.
        (b) Effective Date.--The amendment made by subsection (a) takes
    effect on October 1, 1999, and applies to expenditures made on or after
    such date.

    SEC. 606. OPTIONAL DEFERMENT OF THE EFFECTIVE DATE FOR OUTPATIENT DRUG
                AGREEMENTS.

        (a) In General.--Section 1927(a)(1) (42 U.S.C. 1396r-8(a)(1)) is
    amended by striking ``shall not be effective until'' and inserting
    ``shall become effective as of the date on which the agreement is
    entered into or, at State option, on any date thereafter on or before''.
        (b) Effective Date.--The amendment made by subsection (a) applies to
    agreements entered into on or after the date of enactment of this Act.

    SEC. 607. MAKING MEDICAID DSH TRANSITION RULE PERMANENT.

        (a) In General.--Section 4721(e) of BBA (42 U.S.C. 1396r-4 note) is
    amended--
                (1) in the matter before paragraph (1), by striking
            ``1923(g)(2)(A)'' and ``1396r-4(g)(2)(A)'' and inserting
            ``1923(g)(2)'' and ``1396r-4(g)(2)'', respectively;
                (2) in paragraphs (1) and (2)--
                        (A) by striking ``, and before July 1, 1999''; and
                        (B) by striking ``in such section'' and inserting
                    ``in subparagraph (A) of such section''; and
                (3) by striking ``and'' at the end of paragraph (1), by
            striking the period at the end of paragraph (2) and inserting
            ``; and'', and by adding at the end the following new paragraph:
                ``(3) effective for State fiscal years that begin on or
            after July 1, 1999, `or (b)(1)(B)' were inserted in section
            1923(g)(2)(B)(ii)(I) after `(b)(1)(A)'.''.

        (b) Effective Date.--The amendments made by subsection (a) shall
    take effect as if included in the enactment of section 4721(e) of BBA.

    SEC. 608. MEDICAID TECHNICAL CORRECTIONS.

        (a) Section 1902(a)(64) (42 U.S.C. 1396a(a)(64)) is amended by
    adding ``and'' at the end.
        (b) Section 1902(j) (42 U.S.C. 1396a(j)) is amended by striking ``of
    of'' and inserting ``of''.
        (c) Section 1902(l) (42 U.S.C. 1396a(l)) is amended--
                (1) in paragraph (1)(C), by striking ``children children''
            and inserting ``children'';

    [[Page 113 STAT. 1501A-397]]

                (2) in paragraph (3), in the matter preceding subparagraph
            (A), by striking the first comma after ``(a)(10)(A)(i)(VII)'';
            and
                (3) in paragraph (4)(B), by inserting a comma after
            ``(a)(10)(A)(i)(IV)''.

        (d) Section 1902(v) (42 U.S.C. 1396a(v)) is amended by striking
    ``(1)''.
        (e) Section 1903(b)(4) (42 U.S.C. 1396b(b)(4)) is amended, in the
    matter preceding subparagraph (A), by inserting ``of'' after ``for the
    use''.
        (f) The left margins of clauses (i) and (ii) of section
    1903(d)(3)(B) (42 U.S.C. 1396b(d)(3)(B)) are each realigned so as to
    align with the left margin of section 1903(d)(3)(A).
        (g) Section 1903(f)(2) (42 U.S.C. 1396b(f)(2)) is amended by
    striking the extra period at the end.
        (h) Section 1903(i)(14) (1396b(i)(14)) is amended by adding ``or''
    after the semicolon.
        (i) Section 1903(m)(2)(A) (42 U.S.C. 1396b(m)(2)(A)) is amended--
                (1) in clause (vi), by striking the semicolon the first
            place it appears; and
                (2) by redesignating the clause (xi) added by section
            4701(c)(3) of BBA (111 Stat. 493) as clause (xii).

        (j) Section 1903(o) (42 U.S.C. 1396b(o)) is amended by striking
    ``1974))'' and inserting ``1974)''.
        (k) Section 1903(w) (42 U.S.C. 1396b(w)) is amended--
                (1) in paragraph (1)(B), by striking ``puroses'' and
            inserting ``purposes'';
                (2) in paragraph (3)(B), by inserting a comma after ``(D)'';
            and
                (3) by realigning the left margin of clause (viii) in
            paragraph (7)(A) so as to align with the left margin of clause
            (vii) of that paragraph.

        (l) Section 1905(b)(1) (42 U.S.C. 1396d(b)(1)) is amended by
    striking ``per centum,,'' and inserting ``per centum,''.
        (m) Section 1905(l)(2)(B) (42 U.S.C. 1936d(l)(2)(B)) is amended by
    striking ``a entity'' and inserting ``an entity''.
        (n) The heading for section 1910 (42 U.S.C. 1396i) is amended by
    striking ``of'' the first place it appears.
        (o) Section 1915 (42 U.S.C. 1396n) is amended--
                (1) in subsection (b), by striking ``1902(a)(13)(E)'' and
            inserting ``1902(a)(13)(C)'';
                (2) in the last sentence of subsection (d)(5)(B)(iii), by
            striking ``75'' and inserting ``65''; and
                (3) in subsection (h), by striking ``90 day'' and inserting
            ``90 days''.

        (p) Section 1919 (42 U.S.C. 1396r) is amended--
                (1) in subsection (b)(3)(C)(i)(I), by striking ``not later
            than'' the first place it appears; and
                (2) in subsection (d)(4)(A), by striking ``1124'' and
            inserting ``1124)''.

        (q) Section 1920(b)(2)(D)(i)(I) (42 U.S.C. 1396r-1(b)(2)(D)(i)(I))
    is amended by striking ``329, 330, or 340'' and inserting ``330 or
    330A''.
        (r) Section 1920A(d)(1)(B) (42 U.S.C. 1396r-1a(d)(1)(B)) is amended
    by striking ``a entity'' and inserting ``an entity''.
        (s) Section 1923(c)(3)(B) (42 U.S.C. 1396r-4(c)(3)(B)) is amended by
    striking ``patients.'' and inserting ``patients,''.

    [[Page 113 STAT. 1501A-398]]

        (t) Section 1925 (42 U.S.C. 1396r-6) is amended--
                (1) in subsection (a)(3)(C), by striking ``(i)(VI)
            (i)(VII),,'' and inserting ``(i)(VI), (i)(VII),''; and
                (2) in subsection (b)(3)(C)(i), by striking ``(i)(IV)
            (i)(VI) (i)(VII),,'' and inserting ``(i)(IV), (i)(VI),
            (i)(VII),''.

        (u) Section 1927 (42 U.S.C. 1396r-8) is amended--
                (1) in subsection (g)(2)(A)(ii)(II)(cc), by striking
            ``individuals'' and inserting ``individual's'';
                (2) in subsection (i)(1), by striking ``the the'' and
            inserting ``the''; and
                (3) in subsection (k)(7)--
                        (A) in subparagraph (A)(iv), by striking
                    ``distributers'' and inserting ``distributors''; and
                        (B) in subparagraph (C)(i), by striking
                    ``pharmaceuutically'' and inserting
                    ``pharmaceutically''.

        (v) Section 1929 (42 U.S.C. 1396t) is amended--
                (1) in subsection (c)(2), by realigning the left margins of
            clauses (i) and (ii) of subparagraph (E) so as to align with the
            left margins of clauses (i) and (ii) of subparagraph (F) of that
            subsection;
                (2) in subsection (k)(1)(A)(i), by striking ``settings,''
            and inserting ``settings),''; and
                (3) in subsection (l), by striking ``State wideness'' and
            inserting ``Statewideness''.

        (w) Section 1932 (42 U.S.C. 1396u-2) is amended--
                (1) in subsection (c)(2)(C), by inserting ``part'' before
            ``C of title XVIII''; and
                (2) in subsection (d)--
                        (A) in paragraph (1)(C)(ii), by striking ``Act'' and
                    inserting ``Regulation''; and
                        (B) in paragraph (2)(B), by striking ``1903(t)(3)''
                    and inserting ``1905(t)(3)''.

        (x) Section 1933(b)(4) (42 U.S.C. 1396u-3(b)(4)) is amended by
    inserting ``a'' after ``for a month in''.
        (y)(1) The section 1908 (42 U.S.C. 1396g-1) that relates to required
    laws relating to medical child support is redesignated as section 1908A.
        (2) Section 1902(a)(60) (42 U.S.C. 1396b(a)(60)) is amended by
    striking ``1908'' and inserting ``1908A''.
        (z) Effective October 1, 2004, section 1915(b) (42 U.S.C. 1396n(b))
    is amended, in the matter preceding paragraph (1), by striking
    ``sections 1902(a)(13)(C) and'' and inserting ``section''.
        (aa) Effective as if included in the enactment of BBA--
                (1) section 1902(a)(10)(A)(ii)(XIV) (42 U.S.C.
            1396a(a)(10)(A)(ii)(XIV)) is amended by striking
            ``1905(u)(2)(C)'' and inserting ``1905(u)(2)(B)'';
                (2) section 1903(f)(4) (42 U.S.C. 1396b(f)(4)) is amended,
            in the matter preceding subparagraph (A), by striking
            ``1905(p)(1), or 1905(u)'' and inserting
            ``1902(a)(10)(A)(ii)(XIII), 1902(a)(10)(A)(ii)(XIV), or
            1905(p)(1)''; and
                (3) section 1905(a)(15) (42 U.S.C. 1396d(a)(15)) is amended
            by striking ``1902(a)(31)(A)'' and inserting ``1902(a)(31)''.

        (bb) Except as otherwise provided, the amendments made by this
    section shall take effect on the date of enactment of this Act.

    [[Page 113 STAT. 1501A-399]]

          TITLE VII--STATE CHILDREN'S HEALTH INSURANCE PROGRAM (SCHIP)

    SEC. 701. STABILIZING THE STATE CHILDREN'S HEALTH INSURANCE PROGRAM
                ALLOTMENT FORMULA.

        (a) In General.--Section 2104(b) (42 U.S.C. 1397dd(b)) is amended--
                (1) in paragraph (2)(A)--
                        (A) in clause (i), by striking ``through 2000'' and
                    inserting ``and 1999''; and
                        (B) in clause (ii), by striking ``2001'' and
                    inserting ``2000'';
                (2) by amending paragraph (4) to read as follows:
                ``(4) Floors and ceilings in state allotments.--
                        ``(A) In general.--The proportion of the allotment
                    under this subsection for a subsection (b) State (as
                    defined in subparagraph (D)) for fiscal year 2000 and
                    each fiscal year thereafter shall be subject to the
                    following floors and ceilings:
                              ``(i) Floor of $2,000,000.--A floor equal to
                          $2,000,000 divided by the total of the amount
                          available under this subsection for all such
                          allotments for the fiscal year.
                              ``(ii) Annual floor of 10 percent below
                          preceding fiscal year's proportion.--A floor of 90
                          percent of the proportion for the State for the
                          preceding fiscal year.
                              ``(iii) Cumulative floor of 30 percent below
                          the fy 1999 proportion.--A floor of 70 percent of
                          the proportion for the State for fiscal year 1999.
                              ``(iv) Cumulative ceiling of 45 percent above
                          fy 1999 proportion.--A ceiling of 145 percent of
                          the proportion for the State for fiscal year 1999.
                        ``(B) Reconciliation.--
                              ``(i) Elimination of any deficit by
                          establishing a percentage increase ceiling for
                          states with highest annual percentage increases.--
                          To the extent that the application of subparagraph
                          (A) would result in the sum of the proportions of
                          the allotments for all subsection (b) States
                          exceeding 1.0, the Secretary shall establish a
                          maximum percentage increase in such proportions
                          for all subsection (b) States for the fiscal year
                          in a manner so that such sum equals 1.0.
                              ``(ii) Allocation of surplus through pro rata
                          increase.--To the extent that the application of
                          subparagraph (A) would result in the sum of the
                          proportions of the allotments for all subsection
                          (b) States being less than 1.0, the proportions of
                          such allotments (as computed before the
                          application of floors under clauses (i), (ii), and
                          (iii) of subparagraph (A)) for all subsection (b)
                          States shall be increased in a pro rata manner
                          (but not to exceed the ceiling established under
                          subparagraph (A)(iv)) so that (after the
                          application of such floors and ceiling) such sum
                          equals 1.0.

    [[Page 113 STAT. 1501A-400]]

                        ``(C) Construction.--This paragraph shall not be
                    construed as applying to (or taking into account)
                    amounts of allotments redistributed under subsection
                    (f).
                        ``(D) Definitions.--In this paragraph:
                              ``(i) Proportion of allotment.--The term
                          `proportion' means, with respect to the allotment
                          of a subsection (b) State for a fiscal year, the
                          amount of the allotment of such State under this
                          subsection for the fiscal year divided by the
                          total of the amount available under this
                          subsection for all such allotments for the fiscal
                          year.
                              ``(ii) Subsection (b) state.--The term
                          `subsection (b) State' means one of the 50 States
                          or the District of Columbia.'';
                (3) in paragraph (2)(B), by striking ``the fiscal year'' and
            inserting ``the calendar year in which such fiscal year
            begins''; and
                (4) in paragraph (3)(B), by striking ``the fiscal year
            involved'' and inserting ``the calendar year in which such
            fiscal year begins''.

        (b) Effective Date.--The amendments made by this section apply to
    allotments determined under title XXI of the Social Security Act (42
    U.S.C. 1397aa et seq.) for fiscal year 2000 and each fiscal year
    thereafter.

    SEC. 702. INCREASED ALLOTMENTS FOR TERRITORIES UNDER THE STATE
                CHILDREN'S HEALTH INSURANCE PROGRAM.

        Section 2104(c)(4)(B) (42 U.S.C. 1397dd(c)(4)(B)) is amended by
    inserting ``, $34,200,000 for each of fiscal years 2000 and 2001,
    $25,200,000 for each of fiscal years 2002 through 2004, $32,400,000 for
    each of fiscal years 2005 and 2006, and $40,000,000 for fiscal year
    2007'' before the period.

    SEC. 703. IMPROVED DATA COLLECTION AND EVALUATIONS OF THE STATE
                CHILDREN'S HEALTH INSURANCE PROGRAM.

        (a) Funding for Reliable Annual State-by-State Estimates on the
    Number of Children Who Do Not Have Health Insurance Coverage.--Section
    2109 (42 U.S.C. 1397ii) is amended by adding at the end the following:
        ``(b) Adjustment to Current Population Survey To Include State-by-
    State Data Relating to Children Without Health Insurance Coverage.--
                ``(1) In general.--The Secretary of Commerce shall make
            appropriate adjustments to the annual Current Population Survey
            conducted by the Bureau of the Census in order to produce
            statistically reliable annual State data on the number of low-
            income children who do not have health insurance coverage, so
            that real changes in the uninsurance rates of children can
            reasonably be detected. The Current Population Survey should
            produce data under this subsection that categorizes such
            children by family income, age, and race or ethnicity. The
            adjustments made to produce such data shall include, where
            appropriate, expanding the sample size used in the State
            sampling units, expanding the number of sampling units in a
            State, and an appropriate verification element.
                ``(2) Appropriation.--Out of any money in the Treasury of
            the United States not otherwise appropriated, there are

    [[Page 113 STAT. 1501A-401]]

            appropriated $10,000,000 for fiscal year 2000 and each fiscal
            year thereafter for the purpose of carrying out this
            subsection.''.

        (b) Federal Evaluation of State Children's Health Insurance
    Programs.--Section 2108 (42 U.S.C. 1397hh) is amended by adding at the
    end the following:
        ``(c) Federal Evaluation.--
                ``(1) In general.--The Secretary, directly or through
            contracts or interagency agreements, shall conduct an
            independent evaluation of 10 States with approved child health
            plans.
                ``(2) Selection of states.--In selecting States for the
            evaluation conducted under this subsection, the Secretary shall
            choose 10 States that utilize diverse approaches to providing
            child health assistance, represent various geographic areas
            (including a mix of rural and urban areas), and contain a
            significant portion of uncovered children.
                ``(3) Matters included.--In addition to the elements
            described in subsection (b)(1), the evaluation conducted under
            this subsection shall include each of the following:
                        ``(A) Surveys of the target population (enrollees,
                    disenrollees, and individuals eligible for but not
                    enrolled in the program under this title).
                        ``(B) Evaluation of effective and ineffective
                    outreach and enrollment practices with respect to
                    children (for both the program under this title and the
                    medicaid program under title XIX), and identification of
                    enrollment barriers and key elements of effective
                    outreach and enrollment practices, including practices
                    that have successfully enrolled hard-to-reach
                    populations such as children who are eligible for
                    medical assistance under title XIX but have not been
                    enrolled previously in the medicaid program under that
                    title.
                        ``(C) Evaluation of the extent to which State
                    medicaid eligibility practices and procedures under the
                    medicaid program under title XIX are a barrier to the
                    enrollment of children under that program, and the
                    extent to which coordination (or lack of coordination)
                    between that program and the program under this title
                    affects the enrollment of children under both programs.
                        ``(D) An assessment of the effect of cost-sharing on
                    utilization, enrollment, and coverage retention.
                        ``(E) Evaluation of disenrollment or other retention
                    issues, such as switching to private coverage, failure
                    to pay premiums, or barriers in the recertification
                    process.
                ``(4) Submission to congress.--Not later than December 31,
            2001, the Secretary shall submit to Congress the results of the
            evaluation conducted under this subsection.
                ``(5) Funding.--Out of any money in the Treasury of the
            United States not otherwise appropriated, there are appropriated
            $10,000,000 for fiscal year 2000 for the purpose of conducting
            the evaluation authorized under this subsection. Amounts
            appropriated under this paragraph shall remain available for
            expenditure through fiscal year 2002.''.

        (c) Inspector General Audit and GAO Report on Enrollees Eligible for
    Medicaid.--Section 2108 (42 U.S.C. 1397hh), as amended by subsection
    (b), is amended by adding at the end the following:
        ``(d) Inspector General Audit and GAO Report.--

    [[Page 113 STAT. 1501A-402]]

                ``(1) Audit.--Beginning with fiscal year 2000, and every
            third fiscal year thereafter, the Secretary, through the
            Inspector General of the Department of Health and Human
            Services, shall audit a sample from among the States described
            in paragraph (2) in order to--
                        ``(A) determine the number, if any,
                    of enrollees under the plan under this title who are
                    eligible for medical assistance under title XIX (other
                    than as optional targeted low-income children under
                    section 1902(a)(10)(A)(ii)(XIV)); and
                        ``(B) assess the progress made in reducing the
                    number of uncovered low-income children, including the
                    progress made to achieve the strategic objectives and
                    performance goals included in the State child health
                    plan under section 2107(a).
                ``(2) State described.--A State described in this paragraph
            is a State with an approved State child health plan under this
            title that does not, as part of such plan, provide health
            benefits coverage under the State's medicaid program under title
            XIX.
                ``(3) Monitoring and report from gao.--The Comptroller
            General of the United States shall monitor the audits conducted
            under this subsection and, not later than March 1 of each fiscal
            year after a fiscal year in which an audit is conducted under
            this subsection, shall submit a report to Congress on the
            results of the audit conducted during the prior fiscal year.''.

        (d) Coordination of Data Collection With Data Requirements Under the
    Maternal and Child Health Services Block Grant.--
                (1) In general.--Paragraphs (2)(D)(ii) and (3)(D)(ii)(II) of
            section 506(a) (42 U.S.C. 706(a)) are each amended by inserting
            ``or the State plan under title XXI'' after ``title XIX''.
                (2) Effective date.--The amendments made by paragraph (1)
            apply to annual reports submitted under section 506 of the
            Social Security Act (42 U.S.C. 706) for years beginning after
            the date of the enactment of this Act.

        (e) Coordination of Data Surveys and Reports.--The Secretary of
    Health and Human Services, through the Assistant Secretary for Planning
    and Evaluation, shall establish a clearinghouse for the consolidation
    and coordination of all Federal databases and reports regarding
    children's health.

    SEC. 704. REFERENCES TO SCHIP AND STATE CHILDREN'S HEALTH INSURANCE
                PROGRAM.

        The Secretary of Health and Human Services or any other Federal
    officer or employee, with respect to any reference to the program under
    title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) in any
    publication or other official communication, shall use--
                (1) the term ``SCHIP'' instead of the term ``CHIP''; and
                (2) the term ``State children's health insurance program''
            instead of the term ``children's health insurance program''.

    SEC. 705. SCHIP TECHNICAL CORRECTIONS.

        (a) Section 2104(b)(3)(B) (42 U.S.C. 1397dd(b)(3)(B)) is amended by
    striking ``States.'' and inserting ``States,''.
        (b) Section 2105(d)(2)(B)(iii) (42 U.S.C. 1397ee(d)(2)(B)(iii)) is
    amended by inserting ``in'' after ``described''.

    [[Page 113 STAT. 1501A-403]]

        (c) Section 2109(a) (42 U.S.C.1397ii(a)) is amended--
                (1) in paragraph (1), by striking ``title II'' and inserting
            ``title I''; and
                (2) in paragraph (2), by inserting ``)'' before the period.

    [[Page 113 STAT. 1501A-405]]

                              APPENDIX G--H.R. 3427

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Admiral James W. Nance and Meg
    Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
    2001''.

    SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

        (a) Act.--This Act is organized into two divisions as follows:
                (1) Division a.--Department of State Provisions.
                (2) Division b.--Arms Control, Nonproliferation, and
            Security Assistance Provisions.

        (b) Table of Contents.--The table of contents for this Act is as
    follows:

    Sec. 1.  Short title.
    Sec. 2.  Organization of act into divisions; table of contents.
    Sec. 3.  Definitions.

                   DIVISION A--DEPARTMENT OF STATE PROVISIONS

                    TITLE I--AUTHORIZATIONS OF APPROPRIATIONS

                         Subtitle A--Department of State

    Sec. 101.  Administration of foreign affairs.
    Sec. 102.  International commissions.
    Sec. 103.  Migration and refugee assistance.
    Sec. 104.  United States informational, educational, and cultural
               programs.
    Sec. 105.  Grants to the Asia Foundation.
    Sec. 106.  Contributions to international organizations.
    Sec. 107.  Contributions for international peacekeeping activities.
    Sec. 108.  Voluntary contributions to international organizations.

         Subtitle B--United States International Broadcasting Activities

    Sec. 121.  Authorizations of appropriations.

            TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

                  Subtitle A--Basic Authorities and Activities

    Sec. 201.  Office of Children's Issues.
    Sec. 202.  Strengthening implementation of the Hague Convention on the
               Civil Aspects of International Child Abduction.
    Sec. 203.  Report concerning attack in Cambodia.
    Sec. 204.  International expositions.
    Sec. 205.  Responsibility of the AID Inspector General for the Inter-
               American Foundation and the African Development Foundation.
    Sec. 206.  Report on Cuban drug trafficking.
    Sec. 207.  Revision of reporting requirement.
    Sec. 208.  Foreign language proficiency.
    Sec. 209.  Continuation of reporting requirements.
    Sec. 210.  Joint funds under agreements for cooperation in
               environmental, scientific, cultural and related areas.
    Sec. 211.  Report on international extradition.

                        Subtitle B--Consular Authorities

    Sec. 231.  Machine readable visas.

    [[Page 113 STAT. 1501A-406]]

    Sec. 232.  Fees relating to affidavits of support.
    Sec. 233.  Passport fees.
    Sec. 234.  Deaths and estates of United States citizens abroad.
    Sec. 235.  Duties of consular officers regarding major disasters and
               incidents abroad affecting United States citizens.
    Sec. 236.  Issuance of passports for children under age 14.
    Sec. 237.  Processing of visa applications.
    Sec. 238.  Feasibility study on further passport restrictions on
               individuals in arrears on child support.

                              Subtitle C--Refugees

    Sec. 251.  United States policy regarding the involuntary return of
               refugees.
    Sec. 252.  Human rights reports.
    Sec. 253.  Guidelines for refugee processing posts.
    Sec. 254.  Gender-related persecution task force.
    Sec. 255.  Eligibility for refugee status.

        TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE

                        Subtitle A--Organization Matters

    Sec. 301.  Legislative liaison offices of the Department of State.
    Sec. 302.  State Department official for Northeastern Europe.
    Sec. 303.  Science and Technology Adviser to the Secretary of State.
    Sec. 304.  Application of certain laws to public diplomacy funds.
    Sec. 305.  Reform of the diplomatic telecommunications service office.

                Subtitle B--Personnel of the Department of State

    Sec. 321.  Award of Foreign Service star.
    Sec. 322.  United States citizens hired abroad.
    Sec. 323.  Limitation on percentage of Senior Foreign Service eligible
               for performance pay.
    Sec. 324.  Placement of Senior Foreign Service personnel.
    Sec. 325.  Report on management training.
    Sec. 326.  Workforce planning for Foreign Service personnel by Federal
               agencies.
    Sec. 327.  Records of disciplinary actions.
    Sec. 328.  Limitation on salary and benefits for members of the Foreign
               Service recommended for separation for cause.
    Sec. 329.  Treatment of grievance records.
    Sec. 330.  Deadlines for filing grievances.
    Sec. 331.  Reports by the Foreign Service Grievance Board.
    Sec. 332.  Extension of use of Foreign Service personnel system.
    Sec. 333.  Border equalization pay adjustment.
    Sec. 334.  Treatment of certain persons reemployed after service with
               international organizations.
    Sec. 335.  Transfer allowance for families of deceased Foreign Service
               personnel.
    Sec. 336.  Parental choice in education.
    Sec. 337.  Medical emergency assistance.
    Sec. 338.  Report concerning financial disadvantages for administrative
               and technical personnel.
    Sec. 339.  State Department Inspector General and personnel
               investigations.
    Sec. 340.  Study of compensation for survivors of terrorist attacks
               overseas.
    Sec. 341.  Preservation of diversity in reorganization.

        TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
                                    PROGRAMS

                     Subtitle A--Authorities and Activities

    Sec. 401.  Educational and cultural exchanges and scholarships for
               Tibetans and Burmese.
    Sec. 402.  Conduct of certain educational and cultural exchange
               programs.
    Sec. 403.  National security measures.
    Sec. 404.  Sunset of United States Advisory Commission on Public
               Diplomacy.
    Sec. 405.  Royal Ulster Constabulary training.

         Subtitle B--Russian and Ukrainian Business Management Education

    Sec. 421.  Purpose.
    Sec. 422.  Definitions.
    Sec. 423.  Authorization for training program and internships.
    Sec. 424.  Applications for technical assistance.

    [[Page 113 STAT. 1501A-407]]

    Sec. 425.  Restrictions not applicable.
    Sec. 426.  Authorization of appropriations.

          TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES

    Sec. 501.  Reauthorization of Radio Free Asia.
    Sec. 502.  Nomination requirements for the Chairman of the Broadcasting
               Board of Governors.
    Sec. 503.  Preservation of RFE/RL (Radio Free Europe/Radio Liberty).
    Sec. 504.  Immunity from civil liability for Broadcasting Board of
               Governors.

            TITLE VI--EMBASSY SECURITY AND COUNTERTERRORISM MEASURES

    Sec. 601.  Short title.
    Sec. 602.  Findings.
    Sec. 603.  United States diplomatic facility defined.
    Sec. 604.  Authorizations of appropriations.
    Sec. 605.  Obligations and expenditures.
    Sec. 606.  Security requirements for United States diplomatic
               facilities.
    Sec. 607.  Report on overseas presence.
    Sec. 608.  Accountability review boards.
    Sec. 609.  Increased anti-terrorism training in Africa.

             TITLE VII--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

      Subtitle A--International Organizations Other than the United Nations

    Sec. 701.  Conforming amendments to reflect redesignation of certain
               interparliamentary groups.
    Sec. 702.  Authority of the International Boundary and Water Commission
               to assist State and local governments.
    Sec. 703.  International Boundary and Water Commission.
    Sec. 704.  Semiannual reports on United States support for membership or
               participation of Taiwan in international organizations.
    Sec. 705.  Restriction relating to United States accession to the
               International Criminal Court.
    Sec. 706.  Prohibition on extradition or transfer of United States
               citizens to the International Criminal Court.
    Sec. 707.  Requirement for reports regarding foreign travel.
    Sec. 708.  United States representation at the International Atomic
               Energy Agency.

                      Subtitle B--United Nations Activities

    Sec. 721.  United Nations policy on Israel and the Palestinians.
    Sec. 722.  Data on costs incurred in support of United Nations
               peacekeeping operations.
    Sec. 723.  Reimbursement for goods and services provided by the United
               States to the United Nations.
    Sec. 724.  Codification of required notice of proposed United Nations
               peacekeeping operations.

                      TITLE VIII--MISCELLANEOUS PROVISIONS

                         Subtitle A--General Provisions

    Sec. 801.  Denial of entry into United States of foreign nationals
               engaged in establishment or enforcement of forced abortion or
               sterilization policy.
    Sec. 802.  Technical corrections.
    Sec. 803.  Reports with respect to a referendum on Western Sahara.
    Sec. 804.  Reporting requirements under PLO Commitments Compliance Act
               of 1989.
    Sec. 805.  Report on terrorist activity in which United States citizens
               were killed and related matters.
    Sec. 806.  Annual reporting on war crimes, crimes against humanity, and
               genocide.

                    Subtitle B--North Korea Threat Reduction

    Sec. 821.  Short title.
    Sec. 822.  Restrictions on nuclear cooperation with North Korea.
    Sec. 823.  Definitions.

                     Subtitle C--People's Republic of China

    Sec. 871.  Findings.
    Sec. 872.  Funding for additional personnel at diplomatic posts to
               report on political, economic, and human rights matters in
               the People's Republic of China.

    [[Page 113 STAT. 1501A-408]]

    Sec. 873.  Prisoner information registry for the People's Republic of
               China.

                      TITLE IX--ARREARS PAYMENTS AND REFORM

                         Subtitle A--General Provisions

    Sec. 901.  Short title.
    Sec. 902.  Definitions.

                  Subtitle B--Arrearages to the United Nations

     Chapter 1--Authorization of Appropriations; Obligation and Expenditure
                                    of Funds

    Sec. 911.  Authorization of appropriations.
    Sec. 912.  Obligation and expenditure of funds.
    Sec. 913.  Forgiveness of amounts owed by the United Nations to the
               United States.

                      Chapter 2--United States Sovereignty

    Sec. 921.  Certification requirements.

        Chapter 3--Reform of Assessments and United Nations Peacekeeping
                                   Operations

    Sec. 931.  Certification requirements.

                     Chapter 4--Budget and Personnel Reform

    Sec. 941.  Certification requirements.

                      Subtitle C--Miscellaneous Provisions

    Sec. 951.  Statutory construction on relation to existing laws.
    Sec. 952.  Prohibition on payments relating to UNIDO and other
               international organizations from which the United States has
               withdrawn or rescinded funding.

      DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE
                                   PROVISIONS

    Sec. 1001. Short title.

                   TITLE XI--ARMS CONTROL AND NONPROLIFERATION

    Sec. 1101. Short title.
    Sec. 1102. Definitions.

                            Subtitle A--Arms Control

       Chapter 1--Effective Verification of Compliance With Arms Control
                                   Agreements

    Sec. 1111. Key Verification Assets Fund.
    Sec. 1112. Assistant Secretary of State for Verification and Compliance.
    Sec. 1113. Enhanced annual (``Pell'') report.
    Sec. 1114. Report on START and START II Treaties monitoring issues.
    Sec. 1115. Standards for verification.
    Sec. 1116. Contribution to the advancement of seismology.
    Sec. 1117. Protection of United States companies.
    Sec. 1118. Requirement for transmittal of summaries.

        Chapter 2--Matters Relating to the Control of Biological Weapons

    Sec. 1121. Short title.
    Sec. 1122. Definitions.
    Sec. 1123. Findings.
    Sec. 1124. Trial investigations and trial visits.

        Subtitle B--Nuclear Nonproliferation, Safety, and Related Matters

    Sec. 1131. Congressional notification of nonproliferation activities.
    Sec. 1132. Effective use of resources for nonproliferation programs.
    Sec. 1133. Disposition of weapons-grade material.
    Sec. 1134. Provision of certain information to Congress.
    Sec. 1135. Amended nuclear export reporting requirement.
    Sec. 1136. Adherence to the Missile Technology Control Regime.
    Sec. 1137. Authority relating to MTCR adherents.
    Sec. 1138. Transfer of funding for science and technology centers in the
               former Soviet Union.

    [[Page 113 STAT. 1501A-409]]

    Sec. 1139. Research and exchange activities by science and technology
               centers.

                         TITLE XII--SECURITY ASSISTANCE

    Sec. 1201. Short title.

                Subtitle A--Transfers of Excess Defense Articles

    Sec. 1211. Excess defense articles for Central and Southern European
               countries.
    Sec. 1212. Excess defense articles for certain other countries.
    Sec. 1213. Increase in annual limitation on transfer of excess defense
               articles.

                 Subtitle B--Foreign Military Sales Authorities

    Sec. 1221. Termination of foreign military training.
    Sec. 1222. Sales of excess Coast Guard property.
    Sec. 1223. Competitive pricing for sales of defense articles.
    Sec. 1224. Notification of upgrades to direct commercial sales.
    Sec. 1225. Unauthorized use of defense articles.

        Subtitle C--Stockpiling of Defense Articles for Foreign Countries

    Sec. 1231. Additions to United States war reserve stockpiles for allies.
    Sec. 1232. Transfer of certain obsolete or surplus defense articles in
               the war reserves stockpile for allies.

                     Subtitle D--Defense Offsets Disclosure

    Sec. 1241. Short title.
    Sec. 1242. Findings and declaration of policy.
    Sec. 1243. Definitions.
    Sec. 1244. Sense of Congress.
    Sec. 1245. Reporting of offset agreements.
    Sec. 1246. Expanded prohibition on incentive payments.
    Sec. 1247. Establishment of review commission.
    Sec. 1248. Multilateral strategy to address offsets.

       Subtitle E--Automated Export System Relating to Export Information

    Sec. 1251. Short title.
    Sec. 1252. Mandatory use of the Automated Export System for filing
               certain Shippers' Export Declarations.
    Sec. 1253. Voluntary use of the Automated Export System.
    Sec. 1254. Report to appropriate committees of Congress.
    Sec. 1255. Acceleration of Department of State licensing procedures.
    Sec. 1256. Definitions.

        Subtitle F--International Arms Sales Code of Conduct Act of 1999

    Sec. 1261. Short title.
    Sec. 1262. International arms sales code of conduct.

       Subtitle G--Transfer of Naval Vessels to Certain Foreign Countries

    Sec. 1271. Authority to transfer naval vessels.

                      TITLE XIII--MISCELLANEOUS PROVISIONS

    Sec. 1301. Publication of arms sales certifications.
    Sec. 1302. Notification requirements for commercial export of items on
               United States Munitions List.
    Sec. 1303. Enforcement of Arms Export Control Act.
    Sec. 1304. Violations relating to material support to terrorists.
    Sec. 1305. Authority to consent to third party transfer of ex-U.S.S.
               Bowman County to USS 1st Ship Memorial, Inc.
    Sec. 1306. Annual military assistance report.
    Sec. 1307. Annual foreign military training report.
    Sec. 1308. Security assistance for the Philippines.
    Sec. 1309. Effective regulation of satellite export activities.
    Sec. 1310. Study on licensing process under the Arms Export Control Act.
    Sec. 1311. Report concerning proliferation of small arms.
    Sec. 1312. Conforming amendment.

    SEC. 3. DEFINITIONS.

        In this Act:
                (1) Appropriate congressional committees.--Except as
            otherwise provided in section 902(1), the term ``appropriate

    [[Page 113 STAT. 1501A-410]]

            congressional committees'' means the Committee on International
            Relations of the House of Representatives and the Committee on
            Foreign Relations of the Senate.
                (2) Secretary.--The term ``Secretary'' means the Secretary
            of State.

                   DIVISION A--DEPARTMENT OF STATE PROVISIONS

                    TITLE I--AUTHORIZATIONS OF APPROPRIATIONS

                         Subtitle A--Department of State

    SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

        The following amounts are authorized to be appropriated for the
    Department of State under ``Administration of Foreign Affairs'' to carry
    out the authorities, functions, duties, and responsibilities in the
    conduct of the foreign affairs of the United States and for other
    purposes authorized by law, including public diplomacy activities and
    the diplomatic security program:
                (1) Diplomatic and consular programs.--
                        (A) Authorization of appropriations.--For
                    ``Diplomatic and Consular Programs'' of the Department
                    of State, $2,837,772,000 for the fiscal year 2000 and
                    $3,263,438,000 for the fiscal year 2001.
                        (B) Limitations.--
                              (i) Worldwide security upgrades.--Of the
                          amounts authorized to be appropriated by
                          subparagraph (A), $254,000,000 for the fiscal year
                          2000 and $315,000,000 for the fiscal year 2001 is
                          authorized to be appropriated only for worldwide
                          security upgrades.
                              (ii) Bureau of democracy, human rights, and
                          labor.--Of the amounts authorized to be
                          appropriated by subparagraph (A), $12,000,000 for
                          the fiscal year 2000 and $12,000,000 for the
                          fiscal year 2001 is authorized to be appropriated
                          only for salaries and expenses of the Bureau of
                          Democracy, Human Rights, and Labor.
                              (iii) Recruitment of minority groups.--Of the
                          amounts authorized to be appropriated by
                          subparagraph (A), $2,000,000 for fiscal year 2000
                          and $2,000,000 for fiscal year 2001 is authorized
                          to be appropriated only for the recruitment of
                          members of minority groups for careers in the
                          Foreign Service and international affairs.
                (2) Capital investment fund.--For ``Capital Investment
            Fund'' of the Department of State, $90,000,000 for the fiscal
            year 2000 and $150,000,000 for the fiscal year 2001.
                (3) Embassy security, construction and maintenance.--For
            ``Embassy Security, Construction and Maintenance'', $434,066,000
            for the fiscal year 2000 and $445,000,000 for the fiscal year
            2001.

    [[Page 113 STAT. 1501A-411]]

                (4) Representation allowances.--For ``Representation
            Allowances'', $5,850,000 for the fiscal year 2000 and $5,850,000
            for the fiscal year 2001.
                (5) Emergencies in the diplomatic and consular service.--For
            ``Emergencies in the Diplomatic and Consular Service'',
            $17,000,000 for the fiscal year 2000 and $17,000,000 for the
            fiscal year 2001.
                (6) Office of the inspector general.--For ``Office of the
            Inspector General'', $30,054,000 for the fiscal year 2000 and
            $30,054,000 for the fiscal year 2001.
                (7) Payment to the american institute in taiwan.--For
            ``Payment to the American Institute in Taiwan'', $15,760,000 for
            the fiscal year 2000 and $15,918,000 for the fiscal year 2001.
                (8) Protection of foreign missions and officials.--
                        (A) Amounts authorized to be appropriated.--For
                    ``Protection of Foreign Missions and Officials'',
                    $9,490,000 for the fiscal year 2000 and $9,490,000 for
                    the fiscal year 2001.
                        (B) Availability of funds.--Each amount appropriated
                    pursuant to this paragraph is authorized to remain
                    available through September 30 of the fiscal year
                    following the fiscal year for which the amount was
                    appropriated.
                (9) Repatriation loans.--For ``Repatriation Loans'',
            $1,200,000 for the fiscal year 2000 and $1,200,000 for the
            fiscal year 2001, for administrative expenses.

    SEC. 102. INTERNATIONAL COMMISSIONS.

        The following amounts are authorized to be appropriated under
    ``International Commissions'' for the Department of State to carry out
    the authorities, functions, duties, and responsibilities in the conduct
    of the foreign affairs of the United States and for other purposes
    authorized by law:
                (1) International boundary and water commission, united
            states and mexico.--For ``International Boundary and Water
            Commission, United States and Mexico''--
                        (A) for ``Salaries and Expenses'', $20,413,000 for
                    the fiscal year 2000 and $20,413,000 for the fiscal year
                    2001; and
                        (B) for ``Construction'', $8,435,000 for the fiscal
                    year 2000 and $8,435,000 for the fiscal year 2001.
                (2) International boundary commission, united states and
            canada.--For ``International Boundary Commission, United States
            and Canada'', $859,000 for the fiscal year 2000 and $859,000 for
            the fiscal year 2001.
                (3) International joint commission.--For ``International
            Joint Commission'', $3,819,000 for the fiscal year 2000 and
            $3,819,000 for the fiscal year 2001.
                (4) International fisheries commissions.--For
            ``International Fisheries Commissions'', $16,702,000 for the
            fiscal year 2000 and $16,702,000 for the fiscal year 2001.

    SEC. 103. MIGRATION AND REFUGEE ASSISTANCE.

        (a) Migration and Refugee Assistance.--
                (1) Authorization of appropriations.--There are authorized
            to be appropriated for ``Migration and Refugee Assistance'' for
            authorized activities, $750,000,000 for the fiscal year 2000 and
            $750,000,000 for the fiscal year 2001.

    [[Page 113 STAT. 1501A-412]]

                (2) Limitations.--
                        (A) Tibetan refugees in india and nepal.--Of the
                    amounts authorized to be appropriated in paragraph (1),
                    $2,000,000 for the fiscal year 2000 and $2,000,000 for
                    the fiscal year 2001 is authorized to be available for
                    humanitarian assistance, including food, medicine,
                    clothing, and medical and vocational training, to
                    Tibetan refugees in India and Nepal who have fled
                    Chinese-occupied Tibet.
                        (B) Refugees resettling in israel.--Of the amounts
                    authorized to be appropriated in paragraph (1),
                    $60,000,000 for the fiscal year 2000 and $60,000,000 for
                    the fiscal year 2001 is authorized to be available only
                    for assistance for refugees resettling in Israel from
                    other countries.
                        (C) Humanitarian assistance for displaced burmese.--
                    Of the amounts authorized to be appropriated in
                    paragraph (1), $2,000,000 for the fiscal year 2000 and
                    $2,000,000 for the fiscal year 2001 are authorized to be
                    available for humanitarian assistance (including food,
                    medicine, clothing, and medical and vocational training)
                    to persons displaced as a result of civil conflict in
                    Burma, including persons still within Burma.
                        (D) Assistance for displaced sierra leoneans.--Of
                    the amounts authorized to be appropriated in paragraph
                    (1), $2,000,000 for the fiscal year 2000 and $2,000,000
                    for the fiscal year 2001 are authorized to be available
                    for humanitarian assistance (including food, medicine,
                    clothing, and medical and vocational training) and
                    resettlement of persons who have been severely mutilated
                    as a result of civil conflict in Sierra Leone, including
                    persons still within Sierra Leone.
                (E) International rape counseling program.--Of the amounts
            authorized to be appropriated in paragraph (1), $1,000,000 for
            the fiscal year 2000 and $1,000,000 for the fiscal year 2001 are
            authorized to be appropriated for a program of counseling for
            female victims of rape and gender violence in times of conflict
            and war.

        (b) Availability of Funds.--Funds appropriated pursuant to this
    section are authorized to remain available until expended.

    SEC. 104. UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
                PROGRAMS.

        (a) In General.--The following amounts are authorized to be
    appropriated for the Department of State to carry out international
    information activities and educational and cultural exchange programs
    under the United States Information and Educational Exchange Act of
    1948, the Mutual Educational and Cultural Exchange Act of 1961,
    Reorganization Plan Number 2 of 1977, the Dante B. Fascell North-South
    Center Act of 1991, and the National Endowment for Democracy Act, other
    such programs including the Claude and Mildred Pepper Scholarship
    Program of the Washington Workshops Foundation and the Mike Mansfield
    Fellowship Program, and to carry out other authorities in law consistent
    with such purposes:
                (1) Educational and cultural exchange programs.--
                        (A) Fulbright academic exchange programs.--For the
                    ``Fulbright Academic Exchange Programs'' (other than
                    programs described in subparagraph (B)), $112,000,000
                    for

    [[Page 113 STAT. 1501A-413]]

                    the fiscal year 2000 and $120,000,000 for the fiscal
                    year 2001.
                        (B) Other educational and cultural exchange
                    programs.--
                              (i) In general.--For other educational and
                          cultural exchange programs authorized by law,
                          including the Claude and Mildred Pepper
                          Scholarship Program of the Washington Workshops
                          Foundation and Mike Mansfield Fellowship Program,
                          $98,329,000 for the fiscal year 2000 and
                          $105,000,000 for the fiscal year 2001.
                              (ii) South pacific exchanges.--Of the amounts
                          authorized to be appropriated under clause (i),
                          $750,000 for the fiscal year 2000 and $750,000 for
                          the fiscal year 2001 is authorized to be available
                          for ``South Pacific Exchanges''.
                              (iii) East timorese scholarships.--Of the
                          amounts authorized to be appropriated under clause
                          (i), $500,000 for the fiscal year 2000 and
                          $500,000 for the fiscal year 2001 is authorized to
                          be available for ``East Timorese Scholarships''.
                              (iv) Tibetan exchanges.--Of the amounts
                          authorized to be appropriated under clause (i),
                          $500,000 for the fiscal year 2000 and $500,000 for
                          the fiscal year 2001 is authorized to be available
                          for ``Ngawang Choephel Exchange Programs''
                          (formerly known as educational and cultural
                          exchanges with Tibet) under section 103(a) of the
                          Human Rights, Refugee, and Other Foreign Relations
                          Provisions Act of 1996 (Public Law 104-319).
                              (v) African exchanges.--Of the amounts
                          authorized to be appropriated under clause (i),
                          $500,000 for the fiscal year 2000 and $500,000 for
                          the fiscal year 2001 is authorized to be available
                          only for ``Educational and Cultural Exchanges with
                          Sub-Saharan Africa''.
                              (vi) Israel-arab peace partners program.--Of
                          the amounts authorized to be appropriated under
                          clause (i), $750,000 for the fiscal year 2000 and
                          $750,000 for the fiscal year 2001 is authorized to
                          be available only for people-to-people activities
                          (with a focus on young people) to support the
                          Middle East peace process involving participants
                          from Israel, the Palestinian Authority, Arab
                          countries, and the United States, to be known as
                          the ``Israel-Arab Peace Partners Program''. Not
                          later than 90 days after the date of the enactment
                          of this Act, the Secretary of State shall submit a
                          plan to the appropriate congressional committees
                          for implementation of such program. The Secretary
                          shall not implement the plan until 45 days after
                          its submission to the appropriate congressional
                          committees.
                (2) National endowment for democracy.--
                        (A) Authorization of appropriations.--For the
                    ``National Endowment for Democracy'', $32,000,000 for
                    the fiscal year 2000 and $32,000,000 for the fiscal year
                    2001.
                        (B) Reagan-fascell democracy fellows.--Of the amount
                    authorized to be appropriated by subparagraph

    [[Page 113 STAT. 1501A-414]]

                    (A), $1,000,000 for fiscal year 2000 and $1,000,000 for
                    the fiscal year 2001 is authorized to be appropriated
                    only for a fellowship program, to be known as the
                    ``Reagan-Fascell Democracy Fellows'', for democracy
                    activists and scholars from around the world at the
                    International Forum for Democratic Studies in
                    Washington, D.C., to study, write, and exchange views
                    with other activists and scholars and with Americans.
                (3) Dante b. fascell north-south center.--For ``Dante B.
            Fascell North-South Center'' $2,500,000 for the fiscal year 2000
            and $2,500,000 for the fiscal year 2001.
                (4) Center for cultural and technical interchange between
            east and west.--For the ``Center for Cultural and Technical
            Interchange between East and West'', $12,500,000 for the fiscal
            year 2000 and $12,500,000 for the fiscal year 2001.

        (b) Muskie Fellowships.--
                (1) Exchanges with russia.--Of the amounts authorized to be
            appropriated by this or any other Act for the fiscal years 2000
            and 2001 for exchange programs with the Russian Federation,
            $5,000,000 for fiscal year 2000 and $5,000,000 for fiscal year
            2001 shall be available only to carry out the Edmund S. Muskie
            Program under section 227 of the Foreign Relations Authorization
            Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 22 U.S.C.
            2452 note).
                (2) Doctoral graduate studies for nationals of the
            independent states of the former soviet union.--Of the amounts
            authorized to be appropriated by this or any other Act for the
            fiscal years 2000 and 2001 for exchange programs, $1,500,000 for
            fiscal year 2000 and $1,500,000 for fiscal year 2001 shall be
            available only to provide scholarships for doctoral graduate
            study in economics to nationals of the independent states of the
            former Soviet Union under the Edmund S. Muskie Fellowship
            Program authorized by section 227 of the Foreign Relations
            Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-
            138; 22 U.S.C. 2452 note).

        (c) Vietnam Fulbright Academic Exchange Program.--Of the amounts
    authorized to be appropriated by subsection (a)(1)(A), $4,000,000 for
    the fiscal year 2000 and $4,000,000 for the fiscal year 2001 shall be
    available only to carry out the Vietnam scholarship program established
    by section 229 of the Foreign Relations Authorization Act, Fiscal Years
    1992 and 1993 (Public Law 102-138; 22 U.S.C. 2452 note).

    SEC. 105. GRANTS TO THE ASIA FOUNDATION.

        Section 404 of The Asia Foundation Act (title IV of Public Law 98-
    164; 22 U.S.C. 4403) is amended to read as follows:
        ``Sec. 404. There are authorized to be appropriated to the Secretary
    of State $15,000,000 for each of the fiscal years 2000 and 2001 for
    grants to The Asia Foundation pursuant to this title.''.

    SEC. 106. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.

        (a) Authorization of Appropriations.--
                (1) In general.--There are authorized to be appropriated
            under the heading ``Contributions to International
            Organizations'' $940,000,000 for the fiscal year 2000 and such
            sums as may be necessary for the fiscal year 2001 for the
            Department

    [[Page 113 STAT. 1501A-415]]

            of State to carry out the authorities, functions, duties, and
            responsibilities in the conduct of the foreign affairs of the
            United States with respect to international organizations and to
            carry out other authorities in law consistent with such
            purposes.
                (2) Availability of funds for civil budget of nato.--Of the
            amounts authorized in paragraph (1), $48,977,000 are authorized
            in fiscal year 2000 and such sums as may be necessary in fiscal
            year 2001 for the United States assessment for the civil budget
            of the North Atlantic Treaty Organization.

        (b) No Growth Budget.--Of the funds made available under subsection
    (a), $80,000,000 may be made available during each calendar year only
    after the Secretary of State certifies that the United Nations has taken
    no action during the preceding calendar year to increase funding for any
    United Nations program without identifying an offsetting decrease during
    that calendar year elsewhere in the United Nations budget of
    $2,533,000,000, and cause the United Nations to exceed the initial 1998-
    99 United Nations biennium budget adopted in December 1997.
        (c) Inspector General of the United Nations.--
                (1) Withholding of funds.--Twenty percent of the funds made
            available in each fiscal year under subsection (a) for the
            assessed contribution of the United States to the United Nations
            shall be withheld from obligation and expenditure until a
            certification is made under paragraph (2).
                (2) Certification.--A certification under this paragraph is
            a certification by the Secretary of State in the fiscal year
            concerned that the following conditions are satisfied:
                        (A) Action by the united nations.--The United
                    Nations--
                              (i) has met the requirements of paragraphs (1)
                          through (6) of section 401(b) of the Foreign
                          Relations Authorization Act, Fiscal Years 1994 and
                          1995 (22 U.S.C. 287e note), as amended by
                          paragraph (3);
                              (ii) has established procedures that require
                          the Under Secretary General of the Office of
                          Internal Oversight Services to report directly to
                          the Secretary General on the adequacy of the
                          Office's resources to enable the Office to fulfill
                          its mandate; and
                              (iii) has made available an adequate amount of
                          funds to the Office for carrying out its
                          functions.
                        (B) Authority by oios.--The Office of Internal
                    Oversight Services has authority to audit, inspect, or
                    investigate each program, project, or activity funded by
                    the United Nations, and each executive board created
                    under the United Nations has been notified of that
                    authority.
                (3) Amendment of the foreign relations authorization act,
            fiscal years 1994 and 1995.--Section 401(b) of the Foreign
            Relations Authorization Act, Fiscal Years 1994 and 1995 is
            amended--
                        (A) by amending paragraph (6) to read as follows:
                ``(6) the United Nations has procedures in place to ensure
            that all reports submitted by the Office of Internal Oversight
            Services are made available to the member states of the United
            Nations without modification except to the extent necessary to
            protect the privacy rights of individuals.''; and

    [[Page 113 STAT. 1501A-416]]

                        (B) by striking ``Inspector General'' each place it
                    appears and inserting ``Office of Internal Oversight
                    Services''.

        (d) Prohibition on Certain Global Conferences.--None of the funds
    made available under subsection (a) shall be available for any United
    States contribution to pay for any expense related to the holding of any
    United Nations global conference, except for any conference scheduled
    prior to October 1, 1998.
        (e) Prohibition on Funding Other Framework Treaty-Based
    Organizations.--None of the funds made available for the 1998-1999
    biennium budget under subsection (a) for United States contributions to
    the regular budget of the United Nations shall be available for the
    United States proportionate share of any other framework treaty-based
    organization, including the Framework Convention on Global Climate
    Change, the International Seabed Authority, the Desertification
    Convention, and the International Criminal Court.
        (f) Foreign Currency Exchange Rates.--
                (1) Authorization of appropriations.--In addition to amounts
            authorized to be appropriated by subsection (a), there are
            authorized to be appropriated such sums as may be necessary for
            each of fiscal years 2000 and 2001 to offset adverse
            fluctuations in foreign currency exchange rates.
                (2) Availability of funds.--Amounts appropriated under this
            subsection shall be available for obligation and expenditure
            only to the extent that the Director of the Office of Management
            and Budget determines and certifies to Congress that such
            amounts are necessary due to such fluctuations.

        (g) Refund of Excess Contributions.--The United States shall
    continue to insist that the United Nations and its specialized and
    affiliated agencies shall credit or refund to each member of the agency
    concerned its proportionate share of the amount by which the total
    contributions to the agency exceed the expenditures of the regular
    assessed budgets of these agencies.

    SEC. 107. CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES.

        There are authorized to be appropriated under the heading
    ``Contributions for International Peacekeeping Activities'' $500,000,000
    for the fiscal year 2000 and such sums as may be necessary for the
    fiscal year 2001 for the Department of State to carry out the
    authorities, functions, duties, and responsibilities in the conduct of
    the foreign affairs of the United States with respect to international
    peacekeeping activities and to carry out other authorities in law
    consistent with such purposes.

    SEC. 108. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.

        (a) Authorization of Appropriations.--There are authorized to be
    appropriated for ``Voluntary Contributions to International
    Organizations'', $293,000,000 for the fiscal year 2000 and such sums as
    may be necessary for the fiscal year 2001.
        (b) Limitations on Authorizations of Appropriations.--
                (1) World food program.--Of the amounts authorized to be
            appropriated under subsection (a), $5,000,000 for the fiscal
            year 2000 and $5,000,000 for the fiscal year 2001 is authorized
            to be appropriated only for a United States contribution to the
            World Food Program.

    [[Page 113 STAT. 1501A-417]]

                (2) United nations voluntary fund for victims of torture.--
            Of the amounts authorized to be appropriated under subsection
            (a), $5,000,000 for the fiscal year 2000 and $5,000,000 for the
            fiscal year 2001 is authorized to be appropriated only for a
            United States contribution to the United Nations Voluntary Fund
            for Victims of Torture.
                (3) Organization of american states.--Of the amounts
            authorized to be appropriated under subsection (a), $240,000 for
            the fiscal year 2000 and $240,000 for the fiscal year 2001 is
            authorized to be appropriated only for a United States
            contribution to the Organization of American States for the
            Office of the Special Rapporteur for Freedom of Expression in
            the Western Hemisphere to conduct investigations, including
            field visits, to establish a network of nongovernmental
            organizations, and to hold hemispheric conferences, of which
            $6,000 for each fiscal year is authorized to be appropriated
            only for the investigation and dissemination of information on
            violations of freedom of expression by the Government of Cuba,
            $6,000 for each fiscal year is authorized to be appropriated
            only for the investigation and dissemination of information on
            violations of freedom of expression by the Government of Peru,
            and $6,000 for each fiscal year is authorized to be appropriated
            only for the investigation and dissemination of information on
            violations of freedom of expression by the Government of
            Colombia.
                (4) UNICEF.--Of the amounts authorized to be appropriated
            under subsection (a), $110,000,000 for the fiscal year 2000 is
            authorized to be appropriated only for a United States
            contribution to UNICEF.

        (c) Restrictions on United States Voluntary Contributions to United
    Nations Development Program.--
                (1) Limitation.--Of the amounts made available under
            subsection (a) for each of the fiscal years 2000 and 2001 for
            United States voluntary contributions to the United Nations
            Development Program an amount equal to the amount the United
            Nations Development Program will spend in Burma during each
            fiscal year shall be withheld unless during such fiscal year the
            Secretary of State submits to the appropriate congressional
            committees the certification described in paragraph (2).
                (2) Certification.--The certification referred to in
            paragraph (1) is a certification by the Secretary of State that
            all programs and activities of the United Nations Development
            Program (including United Nations Development Program--
            Administered Funds) in Burma--
                        (A) are focused on eliminating human suffering and
                    addressing the needs of the poor;
                        (B) are undertaken only through international or
                    private voluntary organizations that have been deemed
                    independent of the State Peace and Development Council
                    (SPDC) (formerly known as the State Law and Order
                    Restoration Council (SLORC)), after consultation with
                    the leadership of the National League for Democracy and
                    the leadership of the National Coalition Government of
                    the Union of Burma;
                        (C) provide no financial, political, or military
                    benefit to the SPDC; and

    [[Page 113 STAT. 1501A-418]]

                        (D) are carried out only after consultation with the
                    leadership of the National League for Democracy and the
                    leadership of the National Coalition Government of the
                    Union of Burma.

        (d) Contributions to the United Nations Fund for Population
    Activities.--
                (1) Limitations on amount of contribution.--Of the amounts
            made available under subsection (a), not more than $25,000,000
            for fiscal year 2000 and $25,000,000 for fiscal year 2001 shall
            be available for the United Nations Fund for Population
            Activities (hereinafter in this subsection referred to as the
            ``UNFPA'').
                (2) Prohibition on use of funds in china.--None of the funds
            made available under subsection (a) may be made available for
            the UNFPA for a country program in the People's Republic of
            China.
                (3) Conditions on availability of funds.--Amounts made
            available under subsection (a) for each of the fiscal years 2000
            and 2001 for the UNFPA may not be made available to the UNFPA
            unless--
                        (A) the UNFPA maintains amounts made available to
                    the UNFPA under this section in an account separate from
                    other accounts of the UNFPA;
                        (B) the UNFPA does not commingle amounts made
                    available to the UNFPA under this section with other
                    sums; and
                        (C) the UNFPA does not fund abortions.
                (4) Report to congress and withholding of funds.--
                        (A) Not later than February 15, of each of the years
                    2000 and 2001, the Secretary of State shall submit a
                    report to the appropriate congressional committees
                    indicating the amount of funds that the United Nations
                    Fund for Population Activities is budgeting for the year
                    in which the report is submitted for a country program
                    in the People's Republic of China.
                        (B) If a report under subparagraph (A) indicates
                    that the United Nations Population Fund plans to spend
                    funds for a country program in the People's Republic of
                    China in the year covered by the report, then the amount
                    of such funds that the UNFPA plans to spend in the
                    People's Republic of China shall be deducted from the
                    funds made available to the UNFPA after March 1 for
                    obligation for the remainder of the fiscal year in which
                    the report is submitted.

        (e) Availability of Funds.--Amounts authorized to be appropriated
    under subsection (a) are authorized to remain available until expended.

         Subtitle B--United States International Broadcasting Activities

    SEC. 121. AUTHORIZATIONS OF APPROPRIATIONS.

        (a) In General.--The following amounts are authorized to be
    appropriated to carry out the United States International Broadcasting
    Act of 1994, the Radio Broadcasting to Cuba Act, and

    [[Page 113 STAT. 1501A-419]]

    the Television Broadcasting to Cuba Act, and to carry out other
    authorities in law consistent with such purposes:
                (1) International broadcasting activities.--For
            ``International Broadcasting Activities'', $385,900,000 for the
            fiscal year 2000, and $393,618,000 for the fiscal year 2001.
                (2) Broadcasting capital improvements.--For ``Broadcasting
            Capital Improvements'', $20,868,000 for the fiscal year 2000,
            and $20,868,000 for the fiscal year 2001.
                (3) Broadcasting to cuba.--For ``Broadcasting to Cuba'',
            $22,743,000 for the fiscal year 2000 and $22,743,000 for the
            fiscal year 2001.
                (4) Radio free asia.--For ``Radio Free Asia'', $24,000,000
            for the fiscal year 2000, and $30,000,000 for the fiscal year
            2001.

            TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

                  Subtitle A--Basic Authorities and Activities

    SEC. 201. OFFICE OF CHILDREN'S ISSUES.

        (a) Director Requirements.--The Secretary of State shall fill the
    position of Director of the Office of Children's Issues of the
    Department of State (in this section referred to as the ``Office'') with
    an individual of senior rank who can ensure long-term continuity in the
    management and policy matters of the Office and has a strong background
    in consular affairs.
        (b) Case Officer Staffing.--Effective April 1, 2000, there shall be
    assigned to the Office of Children's Issues of the Department of State a
    sufficient number of case officers to ensure that the average caseload
    for each officer does not exceed 75.
        (c) Embassy Contact.--The Secretary of State shall designate in each
    United States diplomatic mission an employee who shall serve as the
    point of contact for matters relating to international abductions of
    children by parents. The Director of the Office shall regularly inform
    the designated employee of children of United States citizens abducted
    by parents to that country.
        (d) Reports to Parents.--
                (1) In general.--Except as provided in paragraph (2),
            beginning 6 months after the date of enactment of this Act, and
            at least once every 6 months thereafter, the Secretary of State
            shall report to each parent who has requested assistance
            regarding an abducted child overseas. Each such report shall
            include information on the current status of the abducted
            child's case and the efforts by the Department of State to
            resolve the case.
                (2) Exception.--The requirement in paragraph (1) shall not
            apply in a case of an abducted child if--
                        (A) the case has been closed and the Secretary of
                    State has reported the reason the case was closed to the
                    parent who requested assistance; or
                        (B) the parent seeking assistance requests that such
                    reports not be provided.

    [[Page 113 STAT. 1501A-420]]

    SEC. 202. STRENGTHENING IMPLEMENTATION OF THE HAGUE CONVENTION ON THE
                CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION.

        Section 2803(a) of the Foreign Affairs Reform and Restructuring Act
    of 1998 (as contained in division G of Public Law 105-277) is amended--
                (1) in the first sentence, by striking ``1999,'' and
            inserting ``2001,'';
                (2) in paragraph (1), by striking ``United States citizens''
            and inserting ``applicants in the United States'';
                (3) in paragraph (2), by striking ``abducted.'' and
            inserting ``abducted, are being wrongfully retained in violation
            of United States court orders, or which have failed to comply
            with any of their obligations under such convention with respect
            to applications for the return of children, access to children,
            or both, submitted by applicants in the United States.'';
                (4) in paragraph (3)--
                        (A) by striking ``children'' and inserting
                    ``children, access to children, or both,''; and
                        (B) by striking ``United States citizens'' and
                    inserting ``applicants in the United States'';
                (5) in paragraph (4), by inserting before the period at the
            end the following: ``, including the specific actions taken by
            the United States chief of mission in the country to which the
            child is alleged to have been abducted''; and
                (6) by inserting after paragraph (5) the following new
            paragraphs:
                ``(6) A list of the countries that are parties to the
            Convention in which, during the reporting period, parents who
            have been left-behind in the United States have not been able to
            secure prompt enforcement of a final return or access order
            under a Hague proceeding, of a United States custody, access, or
            visitation order, or of an access or visitation order by
            authorities in the country concerned, due to the absence of a
            prompt and effective method for enforcement of civil court
            orders, the absence of a doctrine of comity, or other factors.
                ``(7) A description of the efforts of the Secretary of State
            to encourage the parties to the Convention to facilitate the
            work of nongovernmental organizations within their countries
            that assist parents seeking the return of children under the
            Convention.''.

    SEC. 203. REPORT CONCERNING ATTACK IN CAMBODIA.

        Not later than 30 days after the date of the enactment of this Act,
    and one year thereafter unless the investigation referred to in this
    section is completed, the Secretary of State, in consultation with the
    Attorney General, shall submit a report to the appropriate congressional
    committees, in classified and unclassified form, containing the most
    current information on the investigation into the March 30, 1997,
    grenade attack in Cambodia.

    SEC. 204. INTERNATIONAL EXPOSITIONS.

        (a) Limitation.--Except as provided in subsection (b) and
    notwithstanding any other provision of law, the Department of State may
    not obligate or expend any funds appropriated to the Department of State
    for a United States pavilion or other major exhibit at any international
    exposition or world's fair registered by the

    [[Page 113 STAT. 1501A-421]]

    Bureau of International Expositions in excess of amounts expressly
    authorized and appropriated for such purpose.
        (b) Exceptions.--
                (1) In general.--The Department of State is authorized to
            utilize its personnel and resources to carry out the
            responsibilities of the Department for the following:
                        (A) Administrative services, including legal and
                    other advice and contract administration, under section
                    102(a)(3) of the Mutual Educational and Cultural
                    Exchange Act of 1961 (22 U.S.C. 2452(a)(3)) related to
                    United States participation in international fairs and
                    expositions abroad. Such administrative services may not
                    include capital expenses, operating expenses, or travel
                    or related expenses (other than such expenses as are
                    associated with the provision of administrative services
                    by employees of the Department of State).
                        (B) Activities under section 105(f) of such Act with
                    respect to encouraging foreign governments,
                    international organizations, and private individuals,
                    firms, associations, agencies and other groups to
                    participate in international fairs and expositions and
                    to make contributions to be utilized for United States
                    participation in international fairs and expositions.
                        (C) Encouraging private support of United States
                    pavilions and exhibits at international fairs and
                    expositions.
                (2) Statutory construction.--Nothing in this subsection
            authorizes the use of funds appropriated to the Department of
            State to make payments for--
                        (A) contracts, grants, or other agreements with any
                    other party to carry out the activities described in
                    this subsection; or
                        (B) the satisfaction of any legal claim or judgment
                    or the costs of litigation brought against the
                    Department of State arising from activities described in
                    this subsection.

        (c) Notification.--No funds made available to the Department of
    State by any Federal agency to be used for a United States pavilion or
    other major exhibit at any international exposition or world's fair
    registered by the Bureau of International Expositions may be obligated
    or expended unless the appropriate congressional committees are notified
    not less than 15 days prior to such obligation or expenditure.
        (d) Reports.--The Commissioner General of a United States pavilion
    or other major exhibit at any international exposition or world's fair
    registered by the Bureau of International Expositions shall submit to
    the Secretary of State and the appropriate congressional committees a
    report concerning activities relating to such pavilion or exhibit every
    180 days while serving as Commissioner General and shall submit a final
    report summarizing all such activities not later than 1 year after the
    closure of the pavilion or exhibit.
        (e) Repeal.--Section 230 of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (22 U.S.C. 2452 note) is repealed.

    [[Page 113 STAT. 1501A-422]]

    SEC. 205. RESPONSIBILITY OF THE AID INSPECTOR GENERAL FOR THE INTER-
                AMERICAN FOUNDATION AND THE AFRICAN DEVELOPMENT FOUNDATION.

        (a) Responsibilities.--Section 8A(a) of the Inspector General Act of
    1978 (5 U.S.C. App.) is amended--
                (1) by striking ``and'' at the end of paragraph (1);
                (2) by striking the period at the end of paragraph (2) and
            inserting ``; and''; and
                (3) by adding at the end the following:
                ``(3) shall supervise, direct, and control audit and
            investigative activities relating to programs and operations
            within the Inter-American Foundation and the African Development
            Foundation.''.

        (b) Conforming Amendment.--Section 8A(f) of the Inspector General
    Act of 1978 (5 U.S.C. App.) is amended by inserting before the period at
    the end the following: ``, an employee of the Inter-American Foundation,
    and an employee of the African Development Foundation''.

    SEC. 206. REPORT ON CUBAN DRUG TRAFFICKING.

        (a) In General.--Not later than 120 days after the date of enactment
    of this Act, the Secretary of State shall submit to the appropriate
    congressional committees an unclassified report (with a classified
    annex) on the extent of international drug trafficking through Cuba
    since 1990. The report shall include the following:
                (1) Information concerning the extent to which the Cuban
            Government or any official, employee, or entity of the
            Government of Cuba has engaged in, facilitated, or condoned such
            trafficking.
                (2) The extent to which agencies of the United States
            Government have investigated or prosecuted such activities.

        (b) Limitation.--The report need not include information about
    isolated instances of conduct by low-level employees, except to the
    extent that such information may suggest improper conduct by more senior
    officials.

    SEC. 207. REVISION OF REPORTING REQUIREMENT.

        Section 3 of Public Law 102-1 is amended by striking ``60 days'' and
    inserting ``90 days''.

    SEC. 208. FOREIGN LANGUAGE PROFICIENCY.

        (a) Report on Language Proficiency.--Section 702 of the Foreign
    Service Act of 1980 (22 U.S.C. 4022) is amended by adding at the end the
    following new subsection:
        ``(c) Not later than March 31 of each year, the Director General of
    the Foreign Service shall submit a report to the Committee on Foreign
    Relations of the Senate and the Committee on International Relations of
    the House of Representatives summarizing the number of positions in each
    overseas mission requiring foreign language competence that--
                ``(1) became vacant during the previous calendar year; and
                ``(2) were filled by individuals having the required foreign
            language competence.''.

        (b) Repeal.--Section 304(c) of the Foreign Service Act of 1980 (22
    U.S.C. 3944(c)) is repealed.

    [[Page 113 STAT. 1501A-423]]

    SEC. 209. CONTINUATION OF REPORTING REQUIREMENTS.

        (a) Reports on Claims by United States Firms Against the Government
    of Saudi Arabia.--Section 2801(b)(1) of the Foreign Affairs Reform and
    Restructuring Act of 1998 (as enacted by division G of the Omnibus
    Consolidated and Emergency Supplemental Appropriations Act, 1999; Public
    Law 105-277) is amended by striking ``third'' and inserting ``seventh''.
        (b) Reports on Determinations Under Title IV of the Libertad Act.--
    Section 2802(a) of the Foreign Affairs Reform and Restructuring Act of
    1998 (as enacted by division G of the Omnibus Consolidated and Emergency
    Supplemental Appropriations Act, 1999; Public Law 105-277) is amended by
    striking ``September 30, 1999,'' and inserting ``September 30, 2001,''.
        (c) Relations With Vietnam.--Section 2805 of the Foreign Affairs
    Reform and Restructuring Act of 1998 (as enacted by division G of the
    Omnibus Consolidated and Emergency Supplemental Appropriations Act,
    1999; Public Law 105-277) is amended by striking ``September 30, 1999,''
    and inserting ``September 30, 2001,''.
        (d) Reports on Ballistic Missile Cooperation With Russia.--Section
    2705(d) of the Foreign Affairs Reform and Restructuring Act of 1998 (as
    enacted by division G of the Omnibus Consolidated and Emergency
    Supplemental Appropriations Act, 1999; Public Law 105-277) is amended by
    striking ``and January 1, 2000,'' and inserting ``January 1, 2000, and
    January 1, 2001,''.
        (e) Continuation of Reports Terminated by the Federal Reports
    Elimination and Sunset Act of 1995.--Section 3003(a)(1) of the Federal
    Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 31 U.S.C.
    1113 note) does not apply to any report required to be submitted under
    any of the following provisions of law:
                (1) Section 1205 of the International Security and
            Development Cooperation Act of 1985 (Public Law 99-83; 22 U.S.C.
            2346 note) (relating to annual reports on economic conditions in
            Egypt, Israel, Turkey, and Portugal).
                (2) Section 1307(f)(1)(A) of the International Financial
            Institutions Act (Public Law 95-118) (relating to an assessment
            of the environmental impact of proposed multilateral development
            bank actions).
                (3) Section 118(f) of the Foreign Assistance Act of 1961
            (Public Law 87-195; 22 U.S.C. 2151p-1) (relating to the
            protection of tropical forests).
                (4) Section 586J(c)(4) of the Foreign Operations, Export
            Financing, and Related Programs Appropriations Act, 1991 (Public
            Law 101-513) (relating to sanctions taken by other nations
            against Iraq).
                (5) Section 3 of the Authorization for Use of Military Force
            Against Iraq Resolution (Public Law 102-1; 105 Stat. 3)
            (relating to the status of efforts to obtain Iraqi compliance
            with United Nations Security Council resolutions).
                (6) Section 124 of the Foreign Relations Authorization Act,
            Fiscal Years 1988 and 1989 (Public Law 100-204; 22 U.S.C. 2680
            note) (relating to expenditures for emergencies in the
            diplomatic and consular service).
                (7) Section 620C(c) of the Foreign Assistance Act of 1961
            (Public Law 87-195; 22 U.S.C. 2373(c)) (relating to progress
            made toward the conclusion of a negotiated solution to the
            Cyprus problem).

    [[Page 113 STAT. 1501A-424]]

                (8) Section 533(b) of the Foreign Operations, Export
            Financing, and Related Programs Appropriations Act, 19991
            (Public Law 101-513) (relating to international natural resource
            management initiatives).
                (9) Section 3602 of the Omnibus Trade and Competitiveness
            Act of 1988 (Public Law 100-418; 22 U.S.C. 5352) (relating to
            foreign treatment of United States financial institutions).
                (10) Section 1702 of the International Financial
            Institutions Act (Public Law 95-118; 22 U.S.C. 262r-1) (relating
            to operating summaries of the multilateral development banks).
                (11) Section 1303(c) of the International Financial
            Institutions Act (Public Law 95-118; 22 U.S.C. 262m-2(c))
            (relating to international environmental assistance programs).
                (12) Section 1701(a) of the International Financial
            Institutions Act (Public Law 95-118; 22 U.S.C. 262r) (relating
            to United States participation in international financial
            institutions).
                (13) Section 163(a) of the Trade Act of 1974 (Public Law 93-
            618; 19 U.S.C. 2213) (relating to the trade agreements program
            and national trade policy agenda).
                (14) Section 8 of the Export-Import Bank Act (Public Law 79-
            173; 12 U.S.C. 635g) (relating to Export-Import Bank
            activities).
                (15) Section 407(f) of the Agricultural Trade Development
            and Assistance Act of 1954 (Public Law 83-480; 7 U.S.C. 1736a)
            (relating to Public Law 480 programs and activities).
                (16) Section 239(c) of the Foreign Assistance Act of 1961
            (Public Law 87-195; 22 U.S.C. 2199(c)) (relating to OPIC audit
            report).
                (17) Section 504(i) of the National Endowment for Democracy
            Act (Public Law 98-164; 22 U.S.C. 4413(i)) (relating to the
            activities of the National Endowment for Democracy).
                (18) Section 5(b) of the Japan-United States Friendship Act
            (Public Law 94-118; 22 U.S.C. 2904(b)) (relating to Japan-United
            States Friendship Commission activities).

    SEC. 210. JOINT FUNDS UNDER AGREEMENTS FOR COOPERATION IN ENVIRONMENTAL,
                SCIENTIFIC, CULTURAL AND RELATED AREAS.

        Amounts made available to the Department of State for participation
    in joint funds under agreements for cooperation in environmental,
    scientific, cultural and related areas prior to fiscal year 1996 which,
    pursuant to express terms of such international agreements, were
    deposited in interest-bearing accounts prior to disbursement may earn
    interest, and interest accrued to such accounts may be used and retained
    without return to the Treasury of the United States and without further
    appropriation by Congress. The Department of State shall take action to
    ensure the complete and timely disbursement of appropriations and
    associated interest within joint funds covered by this section and final
    disposition of such agreements.

    SEC. 211. REPORT ON INTERNATIONAL EXTRADITION.

        (a) Report to Congress.--Not later than 180 days after the date of
    enactment of this Act, the Secretary of State shall review extradition
    treaties and other agreements containing extradition obligations to
    which the United States is a party (only with regard to those treaties
    where the United States has diplomatic relations

    [[Page 113 STAT. 1501A-425]]

    with the treaty partner) and submit a report to the appropriate
    congressional committees regarding United States extradition policy and
    practice.
        (b) Contents of Report.--The report under subsection (a) shall--
                (1) discuss the factors that contribute to failure of
            foreign nations to comply fully with their obligations under
            bilateral extradition treaties with the United States;
                (2) discuss the factors that contribute to nations becoming
            ``safe havens'' for individuals fleeing the United States
            justice system;
                (3) identify those bilateral extradition treaties to which
            the United States is a party which do not require the
            extradition of nationals, and the reason such treaties contain
            such a provision;
                (4) discuss appropriate legislative and diplomatic solutions
            to existing gaps in United States extradition treaties and
            practice; and
                (5) discuss current priorities of the United States for
            negotiation of new extradition treaties and renegotiation of
            existing treaties, including resource factors relevant to such
            negotiations.

                        Subtitle B--Consular Authorities

    SEC. 231. MACHINE READABLE VISAS.

        Section 140(a) of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995 (8 U.S.C. 1351 note) is amended--
                (1) in paragraph (3) by amending the first sentence to read
            as follows: ``For each of the fiscal years 2000, 2001, and 2002,
            any amount collected under paragraph (1) that exceeds
            $316,715,000 for fiscal year 2000, $316,715,000 for fiscal year
            2001, and $316,715,000 for fiscal year 2002 may be made
            available only if a notification is submitted to Congress in
            accordance with the procedures applicable to reprogramming
            notifications under section 34 of the State Department Basic
            Authorities Act of 1956.''; and
                (2) by striking paragraphs (4) and (5).

    SEC. 232. FEES RELATING TO AFFIDAVITS OF SUPPORT.

        (a) Authority To Charge Fee.--The Secretary of State may charge and
    retain a fee or surcharge for services provided by the Department of
    State to any sponsor who provides an affidavit of support under section
    213A of the Immigration and Nationality Act (8 U.S.C. 1183a) to ensure
    that such affidavit is properly completed before it is forwarded to a
    consular post for adjudication by a consular officer in connection with
    the adjudication of an immigrant visa. Such fee or surcharge shall be in
    addition to and separate from any fee imposed for immigrant visa
    application processing and issuance, and shall recover only the costs of
    such services not recovered by such fee.
        (b) Limitation.--Any fee established under subsection (a) shall be
    charged only once to a sponsor or joint sponsors who file essentially
    duplicative affidavits of support in connection with separate immigrant
    visa applications from the spouse and children of any

    [[Page 113 STAT. 1501A-426]]

    petitioner required by the Immigration and Nationality Act to petition
    separately for such persons.
        (c) Treatment of Fees.--Fees collected under the authority of
    subsection (a) shall be deposited as an offsetting collection to any
    Department of State appropriation to recover the cost of providing
    consular services.
        (d) Compliance With Budget Act.--Fees collected under the authority
    of subsection (a) shall be available only to such extent or in such
    amounts as are provided in advance in an appropriation Act.

    SEC. 233. PASSPORT FEES.

        (a) Applications.--Section 1 of the Passport Act of June 4, 1920 (22
    U.S.C. 214), is amended--
                (1) in the first sentence--
                        (A) by striking ``each passport issued'' and
                    inserting ``the filing of each application for a
                    passport (including the cost of passport issuance and
                    use)''; and
                        (B) by striking ``each application for a passport;''
                    and inserting ``each such application''; and
                (2) by adding after the first sentence the following new
            sentence: ``Such fees shall not be refundable, except as the
            Secretary may by regulation prescribe.''.

        (b) Repeal of Outdated Provision on Passport Fees.--Section 4 of the
    Passport Act of June 4, 1920 (22 U.S.C. 216) is repealed.
        (c) Effective Date.--The amendments made by this section shall take
    effect on the date of issuance of final regulations under section 1 of
    the Passport Act of June 4, 1920, as amended by subsection (a).

    SEC. 234. DEATHS AND ESTATES OF UNITED STATES CITIZENS ABROAD.

        (a) Repeal.--Section 1709 of the Revised Statutes (22 U.S.C. 4195)
    is repealed.
        (b) Amendment to State Department Basic Authorities Act.--The State
    Department Basic Authorities Act of 1956 is amended by inserting after
    section 43 (22 U.S.C. 2715) the following new sections:

    ``SEC. 43A. NOTIFICATION OF NEXT OF KIN; REPORTS OF DEATH.

        ``(a) In General.--Whenever a United States citizen or national dies
    abroad, a consular officer shall endeavor to notify, or assist the
    Secretary of State in notifying, the next of kin or legal guardian as
    soon as possible, except that, in the case of death of any Peace Corps
    volunteer (within the meaning of section 5(a) of the Peace Corps Act (22
    U.S.C. 2504(a)), any member of the Armed Forces, any dependent of such a
    volunteer or member, or any Department of Defense employee, the consular
    officer shall assist the Peace Corps or the appropriate military
    authorities, as the case may be, in making such notifications.
        ``(b) Reports of Death or Presumptive Death.--The consular officer
    may, for any United States citizen who dies abroad--
                ``(1) in the case of a finding of death by the appropriate
            local authorities, issue a report of death or of presumptive
            death; or
                ``(2) in the absence of a finding of death by the
            appropriate local authorities, issue a report of presumptive
            death.

    [[Page 113 STAT. 1501A-427]]

        ``(c) Implementing Regulations.--The Secretary of State shall
    prescribe such regulations as may be necessary to carry out this
    section.

    ``SEC. 43B. CONSERVATION AND DISPOSITION OF ESTATES.

        ``(a) Conservation of Estates Abroad.--
                ``(1) Authority to act as conservator.--Whenever a United
            States citizen or national dies abroad, a consular officer shall
            act as the provisional conservator of the portion of the
            decedent's estate located abroad and, subject to paragraphs (3),
            (4), and (5), shall--
                        ``(A) take possession of the personal effects of the
                    decedent within his jurisdiction;
                        ``(B) inventory and appraise the personal effects of
                    the decedent, sign the inventory, and annex thereto a
                    certificate as to the accuracy of the inventory and
                    appraised value of each article;
                        ``(C) when appropriate in the exercise of prudent
                    administration, collect the debts due to the decedent in
                    the officer's jurisdiction and pay from the estate the
                    obligations owed by the decedent;
                        ``(D) sell or dispose of, as appropriate, in the
                    exercise of prudent administration, all perishable items
                    of property;
                        ``(E) sell, after reasonable public notice and
                    notice to such next of kin as can be ascertained with
                    reasonable diligence, such additional items of property
                    as necessary to provide funds sufficient to pay the
                    decedent's debts and property taxes in the country of
                    death, funeral expenses, and other expenses incident to
                    the disposition of the estate;
                        ``(F) upon the expiration of the one-year period
                    beginning on the date of death (or after such additional
                    period as may be required for final settlement of the
                    estate), if no claimant shall have appeared, after
                    reasonable public notice and notice to such next of kin
                    as can be ascertained with reasonable diligence, sell or
                    dispose of the residue of the personal estate, except as
                    provided in subparagraph (G), in the same manner as
                    United States Government-owned foreign excess property;
                        ``(G) transmit to the custody of the Secretary of
                    State in Washington, D.C. the proceeds of any sales,
                    together with all financial instruments (including
                    bonds, shares of stock, and notes of indebtedness),
                    jewelry, heirlooms, and other articles of obvious
                    sentimental value, to be held in trust for the legal
                    claimant; and
                        ``(H) in the event that the decedent's estate
                    includes an interest in real property located within the
                    jurisdiction of the officer and such interest does not
                    devolve by the applicable laws of intestate succession
                    or otherwise, provide for title to the property to be
                    conveyed to the Government of the United States unless
                    the Secretary declines to accept such conveyance.
                ``(2) Authority to act as administrator.--Subject to
            paragraphs (3) and (4), a consular officer may act as
            administrator of an estate in exceptional circumstances if
            expressly authorized to do so by the Secretary of State.

    [[Page 113 STAT. 1501A-428]]

                ``(3) Exceptions.--The responsibilities described in
            paragraphs (1) and (2) may not be performed to the extent that
            the decedent has left or there is otherwise appointed, in the
            country where the death occurred or where the decedent was
            domiciled, a legal representative, partner in trade, or trustee
            appointed to take care of his personal estate. If the decedent's
            legal representative shall appear at any time prior to
            transmission of the estate to the Secretary and demand the
            proceeds and effects being held by the consular officer, the
            officer shall deliver them to the representative after having
            collected any prescribed fee for the services performed under
            this section.
                ``(4) Additional requirement.--In addition to being subject
            to the limitations in paragraph (3), the responsibilities
            described in paragraphs (1) and (2) may not be performed
            unless--
                        ``(A) authorized by treaty provisions or permitted
                    by the laws or authorities of the country wherein the
                    death occurs, or the decedent is domiciled; or
                        ``(B) permitted by established usage in that
                    country.
                ``(5) Statutory construction.--Nothing in this section
            supersedes or otherwise affects the authority of any military
            commander under title 10 of the United States Code with respect
            to the person or property of any decedent who died while under a
            military command or jurisdiction or the authority of the Peace
            Corps with respect to a Peace Corps volunteer or the volunteer's
            property.

        ``(b) Disposition of Estates by the Secretary of State.--
                ``(1) Personal estates.--
                        ``(A) In general.--After receipt of a personal
                    estate pursuant to subsection (a), the Secretary may
                    seek payment of all outstanding debts to the estate as
                    they become due, may receive any balances due on such
                    estate, may endorse all checks, bills of exchange,
                    promissory notes, and other instruments of indebtedness
                    payable to the estate for the benefit thereof, and may
                    take such other action as is reasonably necessary for
                    the conservation of the estate.
                        ``(B) Disposition as surplus united states
                    property.--If, upon the expiration of a period of 5
                    fiscal years beginning on October 1 after a consular
                    officer takes possession of a personal estate under
                    subsection (a), no legal claimant for such estate has
                    appeared, title to the estate shall be conveyed to the
                    United States, the property in the estate shall be under
                    the custody of the Department of State, and the
                    Secretary shall dispose of the estate in the same manner
                    as surplus United States Government-owned property is
                    disposed or by such means as may be appropriate in light
                    of the nature and value of the property involved. The
                    expenses of sales shall be paid from the estate, and any
                    lawful claim received thereafter shall be payable to the
                    extent of the value of the net proceeds of the estate as
                    a refund from the appropriate Treasury appropriations
                    account.
                        ``(C) Transfer of proceeds.--The net cash estate
                    after disposition as provided in subparagraph (B) shall
                    be transferred to the miscellaneous receipts account of
                    the Treasury of the United States.
                ``(2) Real property.--

    [[Page 113 STAT. 1501A-429]]

                        ``(A) Designation as excess property.--In the event
                    that title to real property is conveyed to the
                    Government of the United States pursuant to subsection
                    (a)(1)(H) and is not required by the Department of
                    State, such property shall be considered foreign excess
                    property under title IV of the Federal Property and
                    Administrative Services Act of 1949 (40 U.S.C. 511 et
                    seq.).
                        ``(B) Treatment as gift.--In the event that the
                    Department requires such property, the Secretary of
                    State shall treat such property as if it were an
                    unconditional gift accepted on behalf of the Department
                    of State under section 25 of this Act and section
                    9(a)(3) of the Foreign Service Buildings Act of 1926.

        ``(c) Losses in Connection With the Conservation of Estates.--
                ``(1) Authority to compensate.--The Secretary is authorized
            to compensate the estate of any United States citizen who has
            died overseas for property--
                        ``(A) the conservation of which has been undertaken
                    under section 43 or subsection (a) of this section; and
                        ``(B) that has been lost, stolen, or destroyed while
                    in the custody of officers or employees of the
                    Department of State.
                ``(2) Liability.--
                        ``(A) Exclusion of personal liability after
                    provision of compensation.--Any such compensation shall
                    be in lieu of personal liability of officers or
                    employees of the Department of State.
                        ``(B) Liability to the department.--An officer or
                    employee of the Department of State may be liable to the
                    Department of State to the extent of any compensation
                    provided under paragraph (1).
                        ``(C) Determinations of liability.--The liability of
                    any officer or employee of the Department of State to
                    the Department for any payment made under subsection (a)
                    shall be determined pursuant to the Department's
                    procedures for determining accountability for United
                    States Government property.

        ``(d) Regulations.--The Secretary of State may prescribe such
    regulations as may be necessary to carry out this section.''.
        (c) Effective Date.--The repeal and amendment made by this section
    shall take effect six months after the date of enactment of this Act.

    SEC. 235. DUTIES OF CONSULAR OFFICERS REGARDING MAJOR DISASTERS AND
                INCIDENTS ABROAD AFFECTING UNITED STATES CITIZENS.

        Section 43 of the State Department Basic Authorities Act of 1956 (22
    U.S.C. 2715) is amended--
                (1) by inserting ``(a) Authority.--'' before ``In'';
                (2) by striking ``disposition of personal effects.'' in the
            last sentence and inserting ``disposition of personal estates
            pursuant to section 43B of this Act.''; and
                (3) by adding at the end the following new subsection:

        ``(b) Definitions.--For purposes of this section and sections 43A
    and 43B, the term `consular officer' includes any United States citizen
    employee of the Department of State who is designated

    [[Page 113 STAT. 1501A-430]]

    by the Secretary of State to perform consular services pursuant to such
    regulations as the Secretary may prescribe.''.

    SEC. 236. ISSUANCE OF PASSPORTS FOR CHILDREN UNDER AGE 14.

        (a) In General.--
                (1) Regulations.--Not later than 1 year after the date of
            the enactment of this Act, the Secretary of State shall issue
            regulations providing that before a child under the age of 14
            years is issued a passport the requirements under paragraph (2)
            shall apply under penalty of perjury.
                (2) Requirements.--
                        (A) Both parents, or the child's legal guardian,
                    must execute the application and provide documentary
                    evidence demonstrating that they are the parents or
                    guardian; or
                        (B) the person executing the application must
                    provide documentary evidence that such person--
                              (i) has sole custody of the child;
                              (ii) has the consent of the other parent to
                          the issuance of the passport; or
                              (iii) is in loco parentis and has the consent
                          of both parents, of a parent with sole custody
                          over the child, or of the child's legal guardian,
                          to the issuance of the passport.

        (b) Exceptions.--The regulations required by subsection (a) may
    provide for exceptions in exigent circumstances, such as those involving
    the health or welfare of the child, or when the Secretary determines
    that issuance of a passport is warranted by special family
    circumstances.

    SEC. 237. PROCESSING OF VISA APPLICATIONS.

        (a) Policy.--It shall be the policy of the Department of State to
    process immigrant visa applications of immediate relatives of United
    States citizens and nonimmigrant K-1 visa applications of fiances of
    United States citizens within 30 days of the receipt of all necessary
    documents from the applicant and the Immigration and Naturalization
    Service. In the case of an immigrant visa application where the sponsor
    of such applicant is a relative other than an immediate relative, it
    should be the policy of the Department of State to process such an
    application within 60 days of the receipt of all necessary documents
    from the applicant and the Immigration and Naturalization Service.
        (b) Reports.--Not later than 180 days after the date of enactment of
    this Act, and not later than 1 year thereafter, the Secretary of State
    shall submit to the appropriate congressional committees a report on the
    extent to which the Department of State is meeting the policy standards
    under subsection (a). Each report shall be based on a survey of the 22
    consular posts which account for approximately 72 percent of immigrant
    visas issued and, in addition, the consular posts in Guatemala City,
    Nicosia, Caracas, Naples, and Jakarta. Each report should include data
    on the average time for processing each category of visa application
    under subsection (a), a list of the embassies and consular posts which
    do not meet the policy standards under subsection (a), the amount of
    funds collected worldwide for processing of visa applications during the
    most recent fiscal year, the estimated costs of processing such visa
    applications (based on the Department of State's most recent fee study),
    the steps being taken by the Department of State to achieve such policy
    standards, and results achieved by

    [[Page 113 STAT. 1501A-431]]

    the interagency working group charged with the goal of reducing the
    overall processing time for visa applications.

    SEC. 238. FEASIBILITY STUDY ON FURTHER PASSPORT RESTRICTIONS ON
                INDIVIDUALS IN ARREARS ON CHILD SUPPORT.

        (a) Report to Congress.--Not later than 120 days after the date of
    the enactment of this Act, the Secretary of State, in consultation with
    the Secretary of Health and Human Services, shall submit a report to the
    appropriate congressional committees, the Committee on Ways and Means of
    the House of Representatives, and the Committee on Finance of the Senate
    on the feasibility of decreasing the amount of an individual's
    arrearages of child support that would require the Secretary of State to
    refuse to issue a passport to such individual, or otherwise act with
    respect to such an individual, as provided under section 452(k) of the
    Social Security Act (42 U.S.C. 652(k)).
        (b) Contents of Report.--The report under subsection (a) shall
    include the following:
                (1) The estimated cost to the Department of State of
            reducing the arrearage amount which would result in a refusal to
            issue a passport to $2,500 and, in addition, an amount between
            $5,000 and $2,500.
                (2) A projection of the estimated benefits of reducing the
            amount to $2,500 (or an amount between $5,000 and $2,500), which
            shall include an estimate of the additional numbers of
            individuals who would be subject to denial, an estimate of the
            additional child support arrearages that would be received
            through such a reduction, and an estimate of the amount of child
            support that would be paid earlier than under current law
            (together with an estimate of how much earlier such amounts
            would be paid).
                (3) Information regarding the number of individuals with
            child support arrearages over $2,500 and the average length of
            time it takes for individuals to reach $2,500 in arrearages.
                (4) The methodology for the cost estimates and benefit
            projections described in paragraphs (1) and (2).

                              Subtitle C--Refugees

    SEC. 251. UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF
                REFUGEES.

        (a) In General.--None of the funds made available by this Act or by
    section 2(c) of the Migration and Refugee Assistance Act of 1962 (22
    U.S.C. 2601(c)) shall be available to effect the involuntary return by
    the United States of any person to a country in which the person has a
    well-founded fear of persecution on account of race, religion,
    nationality, membership in a particular social group, or political
    opinion, except on grounds recognized as precluding protection as a
    refugee under the United Nations Convention Relating to the Status of
    Refugees of July 28, 1951, and the Protocol Relating to the Status of
    Refugees of January 31, 1967, subject to the reservations contained in
    the United States Senate Resolution of Ratification.
        (b) Migration and Refugee Assistance.--None of the funds made
    available by this Act or by section 2(c) of the Migration and Refugee
    Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be

    [[Page 113 STAT. 1501A-432]]

    available to effect the involuntary return of any person to any country
    unless the Secretary of State first notifies the appropriate
    congressional committees, except that in the case of an emergency
    involving a threat to human life the Secretary of State shall notify the
    appropriate congressional committees as soon as practicable.
        (c) Involuntary Return Defined.--As used in this section, the term
    ``to effect the involuntary return'' means to require, by means of
    physical force or circumstances amounting to a threat thereof, a person
    to return to a country against the person's will, regardless of whether
    the person is physically present in the United States and regardless of
    whether the United States acts directly or through an agent.

    SEC. 252. HUMAN RIGHTS REPORTS.

        Section 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2304(b)) is amended by inserting after the fourth sentence the
    following: ``Each report under this section shall describe the extent to
    which each country has extended protection to refugees, including the
    provision of first asylum and resettlement.''.

    SEC. 253. GUIDELINES FOR REFUGEE PROCESSING POSTS.

        (a) Guidelines for Addressing Hostile Biases.--Section 602(c)(1) of
    the International Religious Freedom Act of 1998 (Public Law 105-292; 112
    Stat. 2812) is amended by inserting ``and of the Department of State''
    after ``Service''.
        (b) Guidelines for Overseas Refugee Processing.--Section 602(c) of
    such Act is further amended by adding at the end the following new
    paragraph:
                ``(3) Not later than 120 days after the date of the
            enactment of the Admiral James W. Nance and Meg Donovan Foreign
            Relations Authorization Act, Fiscal Years 2000 and 2001, the
            Secretary of State (after consultation with the Attorney
            General) shall issue guidelines to ensure that persons with
            potential biases against any refugee applicant, including
            persons employed by, or otherwise subject to influence by,
            governments known to be involved in persecution on account of
            religion, race, nationality, membership in a particular social
            group, or political opinion, shall not in any way be used in
            processing determinations of refugee status, including
            interpretation of conversations or examination of documents
            presented by such applicants.''.

    SEC. 254. GENDER-RELATED PERSECUTION TASK FORCE.

        (a) Establishment of Task Force.--The Secretary of State, in
    consultation with the Attorney General and other appropriate Federal
    agencies, shall establish a task force with the goal of determining
    eligibility guidelines for women seeking refugee status overseas due to
    gender-related persecution.
        (b) Report.--Not later than 1 year after the date of the enactment
    of this Act, the Secretary of State shall prepare and submit to the
    Congress a report outlining the guidelines determined by the task force
    under subsection (a).

    SEC. 255. ELIGIBILITY FOR REFUGEE STATUS.

        (a) Eligibility for In-Country Refugee Processing in Vietnam.--For
    purposes of eligibility for in-country refugee processing for nationals
    of Vietnam during fiscal years 2000 and 2001, an alien described in
    subsection (b) or (d) shall be considered

    [[Page 113 STAT. 1501A-433]]

    to be a refugee of special humanitarian concern to the United States
    (within the meaning of section 207 of the Immigration and Nationality
    Act (8 USC 1157)) and shall be admitted to the United States for
    resettlement if the alien would be admissible as an immigrant under the
    Immigration and Nationality Act (except as provided in section 207(c)(3)
    of that Act).
        (b) Aliens Covered.--An alien described in this subsection is an
    alien who--
                (1) is the son or daughter of a qualified national;
                (2) is 21 years of age or older; and
                (3) was unmarried as of the date of acceptance of the
            alien's parent for resettlement under the Orderly Departure
            Program or through the United States Consulate General in Ho Chi
            Minh City.

        (c) Qualified National.--The term ``qualified national'' in
    subsection (b)(1) means a national of Vietnam who--
                (1)(A) was formerly interned in a re-education camp in
            Vietnam by the Government of the Socialist Republic of Vietnam;
            or
                (B) is the widow or widower of an individual described in
            subparagraph (A);
                (2)(A) qualified for refugee processing under the Orderly
            Departure Program re-education subprogram; and
                (B) except as provided in subsection (d), on or after April
            1, 1995, is or has been accepted under the Orderly Departure
            Program or through the United States Consulate General in Ho Chi
            Minh City--
                        (i) for resettlement as a refugee; or
                        (ii) for admission to the United States as an
                    immediate relative immigrant; and
                (3)(A) is presently maintaining a residence in the United
            States; or
                (B) was approved for refugee resettlement or immigrant visa
            processing and is awaiting departure formalities from Vietnam.

        (d) Previous Denials Based on Lack of Co-Residency.--An alien who is
    otherwise qualified under subsection (b) is eligible for admission for
    resettlement regardless of the date of acceptance of the alien's parent
    if the alien previously was denied refugee resettlement based solely on
    the fact that the alien was not listed continuously on the parent's
    residence permit.

        TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE

                        Subtitle A--Organization Matters

    SEC. 301. LEGISLATIVE LIAISON OFFICES OF THE DEPARTMENT OF STATE.

        (a) Development of Assessment.--The Secretary of State shall assess
    the administrative and personnel requirements for the establishment of
    legislative liaison offices for the Department of State within the
    office buildings of the House of Representatives and the Senate. In
    undertaking the assessment, the Secretary

    [[Page 113 STAT. 1501A-434]]

    should examine existing liaison offices of other executive departments
    that are located in the congressional office buildings, including the
    liaison offices of the military services.
        (b) Assessment Considerations.--The assessment required by
    subsection (a) shall consider--
                (1) space requirements;
                (2) cost implications;
                (3) personnel structure; and
                (4) the feasibility of modifying the Pearson Fellowship
            program in order to have members of the Foreign Service who
            serve in such fellowships serve a second year in a legislative
            liaison office.

        (c) Transmittal of Assessment.--Not later than 6 months after the
    date of the enactment of this Act, the Secretary of State shall submit
    to the Committee on International Relations and the Committee on House
    Administration of the House of Representatives and the Committee on
    Foreign Relations and the Committee on Rules and Administration of the
    Senate the assessment developed under subsection (a).

    SEC. 302. STATE DEPARTMENT OFFICIAL FOR NORTHEASTERN EUROPE.

        The Secretary of State shall designate a senior-level official of
    the Department of State with responsibility for promoting regional
    cooperation in and coordinating United States policy toward Northeastern
    Europe.

    SEC. 303. SCIENCE AND TECHNOLOGY ADVISER TO SECRETARY OF STATE.

        (a) Designation.--The Secretary of State shall designate a senior-
    level official of the Department of State as the Science and Technology
    Adviser to the Secretary of State (in this section referred to as the
    ``Adviser''). The Adviser shall have substantial experience in the area
    of science and technology. The Adviser shall report to the Secretary of
    State through the appropriate Under Secretary of State.
        (b) Duties.--The Adviser shall--
                (1) advise the Secretary of State, through the appropriate
            Under Secretary of State, on international science and
            technology matters affecting the foreign policy of the United
            States; and
                (2) perform such duties, exercise such powers, and have such
            rank and status as the Secretary of State shall prescribe.

    SEC. 304. APPLICATION OF CERTAIN LAWS TO PUBLIC DIPLOMACY FUNDS.

        Section 1333(c) of the Foreign Affairs Reform and Restructuring Act
    of 1998 (as enacted in division G of the Omnibus Consolidated and
    Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is
    amended--
                (1) after ``diplomacy programs'' by inserting ``, identified
            as public diplomacy funds in any Congressional Presentation
            Document described in subsection (e), or reprogrammed for public
            diplomacy purposes,'';
                (2) by striking ``Except'' and inserting ``(1) Except''; and
                (3) by adding at the end the following new paragraph:

        ``(2) Construction.--Nothing in paragraph (1) may be construed (A)
    to interfere with the integration of administrative

    [[Page 113 STAT. 1501A-435]]

    resources between public diplomacy and other functions of the Department
    of State or to prevent the occasional performance of functions other
    than public diplomacy by officials or employees of the Department of
    State who are primarily assigned to public diplomacy, provided there is
    no substantial resulting diminution in the amount of resources devoted
    to public diplomacy below the amounts described in paragraph (1), or (B)
    to supersede reprogramming procedures.''.

    SEC. 305. REFORM OF THE DIPLOMATIC TELECOMMUNICATIONS SERVICE PROGRAM
                OFFICE.

        (a) Additional Resources.--In addition to other amounts authorized
    to be appropriated for the purposes of the Diplomatic Telecommunications
    Service Program Office (DTS-PO), of the amounts made available to the
    Department of State under section 101(2), $18,000,000 shall be made
    available only to the DTS-PO for enhancement of Diplomatic
    Telecommunications Service capabilities.
        (b) Improvement of DTS-PO.--In order for the DTS-PO to better manage
    a fully integrated telecommunications network to service all agencies at
    diplomatic missions and consular posts, the DTS-PO shall--
                (1) ensure that those enhancements of, and the provision of
            service for, telecommunication capabilities that involve the
            national security interests of the United States receive the
            highest prioritization;
                (2) not later than December 31, 1999, terminate all leases
            for satellite systems located at posts in criteria countries,
            unless all maintenance and servicing of the satellite system is
            undertaken by United States citizens who have received
            appropriate security clearances;
                (3) institute a system of charges for utilization of
            bandwidth by each agency beginning October 1, 2000, and
            institute a comprehensive chargeback system to recover all, or
            substantially all, of the other costs of telecommunications
            services provided through the Diplomatic Telecommunications
            Service to each agency beginning October 1, 2001;
                (4) ensure that all DTS-PO policies and procedures comply
            with applicable policies established by the Overseas Security
            Policy Board; and
                (5) maintain the allocation of the positions of Director and
            Deputy Director of DTS-PO as those positions were assigned as of
            June 1, 1999, which assignments shall pertain through fiscal
            year 2001, at which time such assignments shall be adjusted in
            the customary manner.

        (c) Report on Improving Management.--Not later than March 31, 2000,
    the Director and Deputy Director of DTS-PO shall jointly submit to the
    Committee on International Relations and the Permanent Select Committee
    on Intelligence of the House of Representatives and the Committee on
    Foreign Relations and the Select Committee on Intelligence of the Senate
    the Director's plan for improving network architecture, engineering,
    operations monitoring and control, service metrics reporting, and
    service provisioning, so as to achieve highly secure, reliable, and
    robust communications capabilities that meet the needs of both national
    security agencies and other United States agencies with overseas
    personnel.

    [[Page 113 STAT. 1501A-436]]

        (d) Funding of DTS-PO.--Funds appropriated for allocation to DTS-PO
    shall be made available only for DTS-PO until a comprehensive chargeback
    system is in place.
        (e) Appropriate Committees of Congress Defined.--In this section,
    the term ``appropriate committees of Congress'' means the Committee on
    International Relations and the Permanent Select Committee on
    Intelligence of the House of Representatives and the Committee on
    Foreign Relations and the Select Committee on Intelligence of the
    Senate.

                Subtitle B--Personnel of the Department of State

    SEC. 321. AWARD OF FOREIGN SERVICE STAR.

        The State Department Basic Authorities Act of 1956 is amended by
    inserting after section 36 (22 U.S.C. 2708) the following new section:

    ``SEC. 36A. AWARD OF FOREIGN SERVICE STAR.

        ``(a) Authority to Award.--The President, upon the recommendation of
    the Secretary, may award a Foreign Service star to any member of the
    Foreign Service or any other civilian employee of the Government of the
    United States who, while employed at, or assigned permanently or
    temporarily to, an official mission overseas or while traveling abroad
    on official business, incurred a wound or other injury or an illness
    (whether or not the wound, other injury, or illness resulted in death)--
                ``(1) as the person was performing official duties;
                ``(2) as the person was on the premises of a United States
            mission abroad; or
                ``(3) by reason of the person's status as a United States
            Government employee.

        ``(b) Selection Criteria.--The Secretary shall prescribe the
    procedures for identifying and considering persons eligible for award of
    a Foreign Service star and for selecting the persons to be recommended
    for the award.
        ``(c) Award in the Event of Death.--If a person selected for award
    of a Foreign Service star dies before being presented the award, the
    award may be made and the star presented to the person's family or to
    the person's representative, as designated by the President.
        ``(d) Form of Award.--The Secretary shall prescribe the design of
    the Foreign Service star. The award may not include a stipend or any
    other cash payment.
        ``(e) Funding.--Any expenses incurred in awarding a person a Foreign
    Service star may be paid out of appropriations available at the time of
    the award for personnel of the department or agency of the United States
    Government in which the person was employed when the person incurred the
    wound, injury, or illness upon which the award is based.''.

    SEC. 322. UNITED STATES CITIZENS HIRED ABROAD.

        Section 408(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
    3968(a)(1)) is amended in the last sentence--
                (1) by striking ``(A)'' and all that follows through
            ``(B)''; and

    [[Page 113 STAT. 1501A-437]]

                (2) by striking ``this total compensation package'' and
            inserting ``the total compensation package''.

    SEC. 323. LIMITATION ON PERCENTAGE OF SENIOR FOREIGN SERVICE ELIGIBLE
                FOR PERFORMANCE PAY.

        Section 405(b)(1) of the Foreign Service Act of 1980 (22 U.S.C.
    3965(b)(1)) is amended by striking ``50'' and inserting ``33''.

    SEC. 324. PLACEMENT OF SENIOR FOREIGN SERVICE PERSONNEL.

        The Director General of the Foreign Service shall submit a report on
    the first day of each fiscal quarter to the appropriate congressional
    committees containing the following:
                (1) The number of members of the Senior Foreign Service.
                (2) The number of vacant positions designated for members of
            the Senior Foreign Service.
                (3) The number of members of the Senior Foreign Service who
            are not assigned to positions.

    SEC. 325. REPORT ON MANAGEMENT TRAINING.

        Not later than April 1, 2000, the Department of State shall report
    to the appropriate congressional committees on the feasibility of
    modifying current training programs and curricula so that the Department
    can provide significant and comprehensive management training at all
    career grades for Foreign Service personnel.

    SEC. 326. WORKFORCE PLANNING FOR FOREIGN SERVICE PERSONNEL BY FEDERAL
                AGENCIES.

        Section 601(c) of the Foreign Service Act of 1980 (22 U.S.C.
    4001(c)) is amended by striking paragraph (4) and inserting the
    following:
        ``(4) Not later than March 1, 2001, and every four years thereafter,
    the Secretary of State shall submit a report to the Speaker of the House
    of Representatives and to the Committee on Foreign Relations of the
    Senate which shall include the following:
                ``(A) A description of the steps taken and planned in
            furtherance of--
                        ``(i) maximum compatibility among agencies utilizing
                    the Foreign Service personnel system, as provided for in
                    section 203, and
                        ``(ii) the development of uniform policies and
                    procedures and consolidated personnel functions, as
                    provided for in section 204.
                ``(B) A workforce plan for the subsequent five years,
            including projected personnel needs, by grade and by skill. Each
            such plan shall include for each category the needs for foreign
            language proficiency, geographic and functional expertise, and
            specialist technical skills. Each workforce plan shall
            specifically account for the training needs of Foreign Service
            personnel and shall delineate an intake program of generalist
            and specialist Foreign Service personnel to meet projected
            future requirements.

        ``(5) If there are substantial modifications to any workforce plan
    under paragraph (4)(B) during any year in which a report under paragraph
    (4) is not required, a supplemental annual notification shall be
    submitted in the same manner as reports are required to be submitted
    under paragraph (4).''.

    [[Page 113 STAT. 1501A-438]]

    SEC. 327. RECORDS OF DISCIPLINARY ACTIONS.

        (a) In General.--Section 604 of the Foreign Service Act of 1980 (22
    U.S.C. 4004) is amended--
                (1) by striking ``Confidentiality of Records.--'' and
            inserting ``Records.--(a)''; and
                (2) by adding at the end the following new subsection:

        ``(b) Notwithstanding subsection (a), any record of disciplinary
    action that includes a suspension of more than five days taken against a
    member of the Service, including any correction of that record under
    section 1107(b)(1), shall remain a part of the personnel records until
    the member is tenured as a career member of the Service or next
    promoted.''.
        (b) Effective Date.--The amendments made by this section apply to
    all disciplinary actions initiated on or after the date of enactment of
    this Act.

    SEC. 328. LIMITATION ON SALARY AND BENEFITS FOR MEMBERS OF THE FOREIGN
                SERVICE RECOMMENDED FOR SEPARATION FOR CAUSE.

        Section 610(a) of the Foreign Service Act (22 U.S.C. 4010(a)) is
    amended by adding at the end the following new paragraph:
        ``(6) Notwithstanding the hearing required by paragraph (2), at the
    time the Secretary recommends that a member of the Service be separated
    for cause, that member shall be placed on leave without pay pending
    final resolution of the underlying matter, subject to reinstatement with
    back pay if cause for separation is not established in a hearing before
    the Board.''.

    SEC. 329. TREATMENT OF GRIEVANCE RECORDS.

        Section 1103(d)(1) of the Foreign Service Act of 1980 (22 U.S.C.
    4133(d)(1)) is amended by adding the following new sentence at the end:
    ``Nothing in this subsection shall prevent a grievant from placing a
    rebuttal to accompany a record of disciplinary action in such grievant's
    personnel records nor prevent the Department from including a response
    to such rebuttal, including documenting those cases in which the Board
    has reviewed and upheld the discipline.''.

    SEC. 330. DEADLINES FOR FILING GRIEVANCES.

        (a) In General.--Section 1104(a) of the Foreign Service Act of 1980
    (22 U.S.C. 4134(a)) is amended in the first sentence by striking
    ``within a period of 3 years'' and all that follows through the period
    and inserting ``not later than two years after the occurrence giving
    rise to the grievance or, in the case of a grievance with respect to the
    grievant's rater or reviewer, one year after the date on which the
    grievant ceased to be subject to rating or review by that person, but in
    no case less than two years after the occurrence giving rise to the
    grievance.''.
        (b) Grievances Alleging Discrimination.--Section 1104 of that Act
    (22 U.S.C. 4134) is amended in subsection (c) by striking ``3 years''
    and inserting ``2 years''.
        (c) Effective Date.--The amendments made by this section shall take
    effect 180 days after the date of enactment of this Act and shall apply
    to grievances which arise on or after such effective date.

    [[Page 113 STAT. 1501A-439]]

    SEC. 331. REPORTS BY THE FOREIGN SERVICE GRIEVANCE BOARD.

        Section 1105 of the Foreign Service Act of 1980 (22 U.S.C. 4135) is
    amended by adding at the end the following new subsection:
        ``(f)(1) Not later than March 1 of each year, the Chairman of the
    Foreign Service Grievance Board shall prepare a report summarizing the
    activities of the Board during the previous calendar year. The report
    shall include--
                ``(A) the number of cases filed;
                ``(B) the types of cases filed;
                ``(C) the number of cases on which a final decision was
            reached, as well as data on the outcome of cases, whether
            affirmed, reversed, settled, withdrawn, or dismissed;
                ``(D) the number of oral hearings conducted and the length
            of each such hearing;
                ``(E) the number of instances in which interim relief was
            granted by the Board; and
                ``(F) data on the average time for consideration of a
            grievance, from the time of filing to a decision of the Board.

        ``(2) The report required under paragraph (1) shall be submitted to
    the Director General of the Foreign Service and the Committee on Foreign
    Relations of the Senate and the Committee on International Relations of
    the House of Representatives.''.

    SEC. 332. EXTENSION OF USE OF FOREIGN SERVICE PERSONNEL SYSTEM.

        Section 202(a) of the Foreign Service Act of 1980 (22 U.S.C.
    3922(a)) is amended by adding at the end the following new paragraph:
                ``(4)(A) Whenever (and to the extent) the Secretary of State
            considers it in the best interests of the United States
            Government, the Secretary of State may authorize the head of any
            agency or other Government establishment (including any
            establishment in the legislative or judicial branch) to appoint
            under section 303 individuals described in subparagraph (B) as
            members of the Service and to utilize the Foreign Service
            personnel system with respect to such individuals under such
            regulations as the Secretary of State may prescribe.
                ``(B) The individuals referred to in subparagraph (A) are
            individuals eligible for employment abroad under section
            311(a).''.

    SEC. 333. BORDER EQUALIZATION PAY ADJUSTMENT.

        (a) In General.--Chapter 4 of title I of the Foreign Service Act of
    1980 (22 U.S.C. 3961 et seq.) is amended by adding at the end the
    following new section:

    ``SEC. 414. BORDER EQUALIZATION PAY ADJUSTMENT.

        ``(a) In General.--An employee who regularly commutes from the
    employee's place of residence in the continental United States to an
    official duty station in Canada or Mexico shall receive a border
    equalization pay adjustment equal to the amount of comparability
    payments under section 5304 of title 5, United States Code, that the
    employee would receive if the employee were assigned to an official duty
    station within the United States locality pay area closest to the
    employee's official duty station.
        ``(b) Employee Defined.--For purposes of this section, the term
    `employee' means a person who--

    [[Page 113 STAT. 1501A-440]]

                ``(1) is an `employee' as defined under section 2105 of
            title 5, United States Code; and
                ``(2) is employed by the Department of State, the United
            States Agency for International Development, or the
            International Joint Commission of the United States and Canada
            (established under Article VII of the treaty signed January 11,
            1909) (36 Stat. 2448), except that the term shall not include
            members of the Service (as specified in section 103).

        ``(c) Treatment as Basic Pay.--An equalization pay adjustment paid
    under this section shall be considered to be part of basic pay for the
    same purposes for which comparability payments are considered to be part
    of basic pay under section 5304 of title 5, United States Code.
        ``(d) Regulations.--The heads of the agencies referred to in
    subsection (b)(2) may prescribe regulations to carry out this
    section.''.
        (b) Conforming Amendment.--The table of contents for the Foreign
    Service Act of 1980 is amended by inserting after the item relating to
    section 413 the following new item:

    ``Sec. 414. Border equalization pay adjustment.''.

    SEC. 334. TREATMENT OF CERTAIN PERSONS REEMPLOYED AFTER SERVICE WITH
                INTERNATIONAL ORGANIZATIONS.

        (a) In General.--Title 5 of the United States Code is amended by
    inserting after section 8432b the following new section:

    ``Sec. 8432c. Contributions of certain persons reemployed after service
                            with international organizations

        ``(a) In this section, the term `covered person' means any person
    who--
                ``(1) transfers from a position of employment covered by
            chapter 83 or 84 or subchapter I or II of chapter 8 of the
            Foreign Service Act of 1980 to a position of employment with an
            international organization pursuant to section 3582;
                ``(2) pursuant to section 3582 elects to retain coverage,
            rights, and benefits under any system established by law for the
            retirement of persons during the period of employment with the
            international organization and currently deposits the necessary
            deductions in payment for such coverage, rights, and benefits in
            the system's fund; and
                ``(3) is reemployed pursuant to section 3582(b) to a
            position covered by chapter 83 or 84 or subchapter I or II of
            chapter 8 of the Foreign Service Act of 1980 after separation
            from the international organization.

        ``(b)(1) Each covered person may contribute to the Thrift Savings
    Fund, in accordance with this subsection, an amount not to exceed the
    amount described in paragraph (2).
        ``(2) The maximum amount which a covered person may contribute under
    paragraph (1) is equal to--
                ``(A) the total amount of all contributions under section
            8351(b)(2) or 8432(a), as applicable, which the person would
            have made over the period beginning on the date of transfer of
            the person (as described in subsection (a)(1)) and ending on the
            day before the date of reemployment of the person (as described
            in subsection (a)(3)), minus

    [[Page 113 STAT. 1501A-441]]

                ``(B) the total amount of all contributions, if any, under
            section 8351(b)(2) or 8432(a), as applicable, actually made by
            the person over the period described in subparagraph (A).

        ``(3) Contributions under paragraph (1)--
                ``(A) shall be made at the same time and in the same manner
            as would any contributions under section 8351(b)(2) or 8432(a),
            as applicable;
                ``(B) shall be made over the period of time specified by the
            person under paragraph (4)(B); and
                ``(C) shall be in addition to any contributions actually
            being made by the person during that period under section
            8351(b)(2) or 8432(a), as applicable.

        ``(4) The Executive Director shall prescribe the time, form, and
    manner in which a covered person may specify--
                ``(A) the total amount the person wishes to contribute with
            respect to any period described in paragraph (2)(A); and
                ``(B) the period of time over which the covered person
            wishes to make contributions under this subsection.

        ``(c) If a covered person who makes contributions under section
    8432(a) makes contributions under subsection (b), the agency employing
    the person shall make those contributions to the Thrift Savings Fund on
    the person's behalf in the same manner as contributions are made for an
    employee described in section 8432b(a) under sections 8432b(c),
    8432b(d), and 8432b(f). Amounts paid under this subsection shall be paid
    in the same manner as amounts are paid under section 8432b(g).
        ``(d) For purposes of any computation under this section, a covered
    person shall, with respect to the period described in subsection
    (b)(2)(A), be considered to have been paid at the rate which would have
    been payable over such period had the person remained continuously
    employed in the position that the person last held before transferring
    to the international organization.
        ``(e) For purposes of section 8432(g), a covered person shall be
    credited with a period of civilian service equal to the period beginning
    on the date of transfer of the person (as described in subsection
    (a)(1)) and ending on the day before the date of reemployment of the
    person (as described in subsection (a)(3)).
        ``(f) The Executive Director shall prescribe regulations to carry
    out this section.''.
        (b) Conforming Amendment.--The table of sections for chapter 84 of
    title 5, United States Code, is amended by inserting after the item
    relating to section 8432b the following:

    ``8432c. Contributions of certain persons reemployed after service with
               international organizations.''.

        (c) Effective Date.--The amendment made by subsection (a) shall
    apply to persons reemployed on or after the date of enactment of this
    Act.

    SEC. 335. TRANSFER ALLOWANCE FOR FAMILIES OF DECEASED FOREIGN SERVICE
                PERSONNEL.

        Section 5922 of title 5, United States Code, is amended by adding at
    the end the following:
        ``(f)(1) If an employee dies at post in a foreign area, a transfer
    allowance under section 5924(2)(B) may be granted to the spouse or
    dependents of such employee (or both) for the purpose of providing for
    their return to the United States.

    [[Page 113 STAT. 1501A-442]]

        ``(2) A transfer allowance under this subsection may not be granted
    with respect to the spouse or a dependent of the employee unless, at the
    time of death, such spouse or dependent was residing--
                ``(A) at the employee's post of assignment; or
                ``(B) at a place, outside the United States, for which a
            separate maintenance allowance was being furnished under section
            5924(3).

        ``(3) The President may prescribe any regulations necessary to carry
    out this subsection.''.

    SEC. 336. PARENTAL CHOICE IN EDUCATION.

        Section 5924(4) of title 5, United States Code, is amended--
                (1) in subparagraph (A), by striking ``between that post and
            the nearest locality where adequate schools are available,'' and
            inserting ``between that post and the school chosen by the
            employee, not to exceed the total cost to the Government of the
            dependent attending an adequate school in the nearest locality
            where an adequate school is available,''; and
                (2) by adding at the end the following new subparagraph:
                        ``(C) In those cases in which an adequate school is
                    available at the post of the employee, if the employee
                    chooses to educate the dependent at a school away from
                    post, the education allowance which includes board and
                    room, and periodic travel between the post and the
                    school chosen, shall not exceed the total cost to the
                    Government of the dependent attending an adequate school
                    at the post of the employee.''.

    SEC. 337. MEDICAL EMERGENCY ASSISTANCE.

        Section 5927 of title 5, United States Code, is amended to read as
    follows:

    ``Sec. 5927. Advances of pay

        ``(a) Up to three months' pay may be paid in advance--
                ``(1) to an employee upon the assignment of the employee to
            a post in a foreign area;
                ``(2) to an employee, other than an employee appointed under
            section 303 of the Foreign Service Act of 1980 (and employed
            under section 311 of such Act), who--
                        ``(A) is a citizen of the United States;
                        ``(B) is officially stationed or located outside the
                    United States pursuant to Government authorization; and
                        ``(C) requires (or has a family member who requires)
                    medical treatment outside the United States, in
                    circumstances specified by the President in regulations;
                    and
                ``(3) to a foreign national employee appointed under section
            303 of the Foreign Service Act of 1980, or a nonfamily member
            United States citizen appointed under such section 303 (and
            employed under section 311 of such Act) for service at such
            nonfamily member's post of residence, who--
                        ``(A) is located outside the country of employment
                    of such foreign national employee or nonfamily member
                    (as the case may be) pursuant to Government
                    authorization; and

    [[Page 113 STAT. 1501A-443]]

                        ``(B) requires medical treatment outside the country
                    of employment of such foreign national employee or
                    nonfamily member (as the case may be), in circumstances
                    specified by the President in regulations.

        ``(b) For the purpose of this section, the term `country of
    employment', as used with respect to an individual under subsection
    (a)(3), means the country (or other area) outside the United States
    where such individual is appointed (as described in subsection (a)(3))
    by the Government.''.

    SEC. 338. REPORT CONCERNING FINANCIAL DISADVANTAGES FOR ADMINISTRATIVE
                AND TECHNICAL PERSONNEL.

        (a) Findings.--Congress finds that administrative and technical
    personnel posted to United States missions abroad who do not have
    diplomatic status suffer financial disadvantages from their lack of such
    status.
        (b) Report.--Not later than 1 year after the date of the enactment
    of this Act, the Secretary of State should submit a report to the
    appropriate congressional committees concerning the extent to which
    administrative and technical personnel posted to United States missions
    abroad who do not have diplomatic status suffer financial disadvantages
    from their lack of such status, including proposals to alleviate such
    disadvantages.

    SEC. 339. STATE DEPARTMENT INSPECTOR GENERAL AND PERSONNEL
                INVESTIGATIONS.

        (a) Amendment of the Foreign Service Act of 1980.--Section 209(c) of
    the Foreign Service Act of 1980 (22 U.S.C. 3929(c)) is amended by adding
    at the end the following:
                ``(5) Investigations.--
                        ``(A) Conduct of investigations.--In conducting
                    investigations of potential violations of Federal
                    criminal law or Federal regulations, the Inspector
                    General shall--
                              ``(i) abide by professional standards
                          applicable to Federal law enforcement agencies;
                          and
                              ``(ii) make every reasonable effort to permit
                          each subject of an investigation an opportunity to
                          provide exculpatory information.
                        ``(B) Final reports of investigations.--In order to
                    ensure that final reports of investigations are thorough
                    and accurate, the Inspector General shall--
                              ``(i) make every reasonable effort to ensure
                          that any person named in a final report of
                          investigation has been afforded an opportunity to
                          refute any allegation of wrongdoing or assertion
                          with respect to a material fact made regarding
                          that person's actions;
                              ``(ii) include in every final report of
                          investigation any exculpatory information, as well
                          as any inculpatory information, that has been
                          discovered in the course of the investigation.''.

        (b) Annual Report.--Section 209(d)(2) of the Foreign Service Act of
    1980 (22 U.S.C. 3929(d)(2)) is amended--
                (1) by striking ``and'' at the end of subparagraph (D);
                (2) by striking the period at the end of subparagraph (E)
            and inserting ``; and''; and
                (3) by inserting after subparagraph (E) the following new
            subparagraph:

    [[Page 113 STAT. 1501A-444]]

                        ``(F) a notification, which may be included, if
                    necessary, in the classified portion of the report, of
                    any instance in a case that was closed during the period
                    covered by the report when the Inspector General decided
                    not to afford an individual the opportunity described in
                    subsection (c)(5)(B)(i) to refute any allegation and the
                    rationale for denying such individual that
                    opportunity.''.

        (c) Statutory Construction.--Nothing in the amendments made by this
    section may be construed to modify--
                (1) section 209(d)(4) of the Foreign Service Act of 1980 (22
            U.S.C. 3929(d)(4));
                (2) section 7(b) of the Inspector General Act of 1978 (5
            U.S.C. app.);
                (3) the Privacy Act of 1974 (5 U.S.C. 552a);
                (4) the provisions of section 2302(b)(8) of title 5
            (relating to whistleblower protection);
                (5) rule 6(e) of the Federal Rules of Criminal Procedure
            (relating to the protection of grand jury information); or
                (6) any statute or executive order pertaining to the
            protection of classified information.

        (d) No Grievance or Right of Action.--A failure to comply with the
    amendments made by this section shall not give rise to any private right
    of action in any court or to an administrative complaint or grievance
    under any law.
        (e) Effective Date.--The amendments made by this section shall apply
    to cases opened on or after the date of the enactment of this Act.

    SEC. 340. STUDY OF COMPENSATION FOR SURVIVORS OF TERRORIST ATTACKS
                OVERSEAS.

        Not later than 180 days after the date of enactment of this Act, the
    President shall submit a report to the appropriate congressional
    committees on the benefits and compensation paid to the survivors and
    personal representatives of the United States Government employees
    (including those in the uniformed services and Foreign Service National
    employees) killed in the performance of duty abroad as result of
    terrorist acts. All appropriate United States Government agencies shall
    contribute to the preparation of the report. The report shall include a
    comparison of benefits available to military and civilian employees and
    should include any recommendations for additional or other types of
    benefits or compensation.

    SEC. 341. PRESERVATION OF DIVERSITY IN REORGANIZATION.

        Section 1613(c) of the Foreign Affairs Reform and Restructuring Act
    of 1998 (as enacted by division G of the Omnibus Consolidated and
    Emergency Supplemental Appropriations Act, 1999; Public Law 105-277) is
    amended by inserting after the first sentence the following: ``In
    carrying out the reorganization under this Act, the Secretary shall
    ensure that the advances made in increasing the number and status of
    women and minorities within the foreign affairs agencies of the Federal
    Government, in terms of representation within the agencies as well as
    relative rank, are not undermined by discrimination within the newly
    reorganized Department of State.''.

    [[Page 113 STAT. 1501A-445]]

        TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL
                                    PROGRAMS

                     Subtitle A--Authorities and Activities

    SEC. 401. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR
                TIBETANS AND BURMESE.

        (a) Designation of Ngawang Choephel Exchange Programs.--Section
    103(a) of the Human Rights, Refugee, and Other Foreign Relations
    Provisions Act of 1996 (Public Law 104-319) is amended by inserting
    after the first sentence the following: ``Exchange programs under this
    subsection shall be known as the `Ngawang Choephel Exchange
    Programs'.''.
        (b) Scholarships for Tibetans and Burmese.--Section 103(b)(1) of the
    Human Rights, Refugee, and Other Foreign Relations Provisions Act of
    1996 (Public Law 104-319; 22 U.S.C. 2151 note) is amended by striking
    ``for the fiscal year 1999'' and inserting ``for the fiscal year 2000''.
        (c) Scholarships for Preservation of Tibet's culture, language, and
    religion.--Section 103(b)(1) of the Human Rights, Refugee, and Other
    Foreign Relations Provisions Act of 1996 (Public Law 104-319; 22 U.S.C.
    2151 note) is further amended by striking ``Tibet,'' and inserting
    ``Tibet (whenever practical giving consideration to individuals who are
    active in the preservation of Tibet's culture, language, and
    religion),''.

    SEC. 402. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.

        Section 102 of the Human Rights, Refugee, and Other Foreign
    Relations Provisions Act of 1996 (Public Law 104-319; 22 U.S.C. 2452
    note) is amended to read as follows:

    ``SEC. 102. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE
                PROGRAMS.

        ``(a) In General.--In carrying out programs of educational and
    cultural exchange in countries whose people do not fully enjoy freedom
    and democracy, the Secretary of State, with the assistance of the Under
    Secretary of State for Public Diplomacy, shall provide, where
    appropriate, opportunities for significant participation in such
    programs to nationals of such countries who are--
                ``(1) human rights or democracy leaders of such countries;
            or
                ``(2) committed to advancing human rights and democratic
            values in such countries.

        ``(b) Grantee Organizations.--To the extent practicable, grantee
    organizations selected to operate programs described in subsection (a)
    shall be selected through an open competitive process. Among the factors
    that should be considered in the selection of such a grantee are the
    willingness and ability of the organization to--
                ``(1) recruit a broad range of participants, including those
            described in paragraphs (1) and (2) of subsection (a); and

    [[Page 113 STAT. 1501A-446]]

                ``(2) ensure that the governments of the countries described
            in subsection (a) do not have inappropriate influence in the
            selection process.''.

    SEC. 403. NATIONAL SECURITY MEASURES.

        The United States Information and Educational Exchange Act of 1948
    (22 U.S.C. 1431 et seq.) is amended by adding after section 1011 the
    following new section:

    ``SEC. 1012. NATIONAL SECURITY MEASURES.

        ``(a) Restriction.--In coordination with other appropriate executive
    branch officials, the Secretary of State shall take all appropriate
    steps to--
                ``(1) prevent any agent of a foreign power from
            participating in educational and cultural exchange programs
            under this Act;
                ``(2) ensure that no person who is involved in the research,
            development, design, testing, evaluation, or production of
            missiles or weapons of mass destruction is a participant in any
            program of educational or cultural exchange under this Act if
            such person is employed by, or attached to, an entity within a
            country that has been identified by any element of the United
            States intelligence community (as defined by section 3(4) of the
            National Security Act of 1947) within the previous 5 years as
            having been involved in the proliferation of missiles or weapons
            of mass destruction; and
                ``(3) ensure that no person who is involved in the research,
            development, design, testing, evaluation, or production of
            chemical or biological weapons for offensive purposes is a
            participant in any program of educational or cultural exchange
            under this Act.

        ``(b) Definitions.--
                ``(1) The term `appropriate executive branch officials'
            means officials from the elements of the United States
            Government listed pursuant to section 101 of the Intelligence
            Authorization Act for Fiscal Year 1999 (Public Law 105-272).
                ``(2) The term `agent of a foreign power' has the same
            meaning as set forth in section 101(b)(1)(B) and (b)(2) of the
            Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801),
            and does not include any person who acts in the capacity defined
            under section 101(b)(1)(A) of such Act.

    SEC. 404. SUNSET OF UNITED STATES ADVISORY COMMISSION ON PUBLIC
                DIPLOMACY.

        (a) Restoration of Advisory Commission.--Section 1334 of the Foreign
    Affairs Reform and Restructuring Act of 1998 (as enacted in division G
    of the Omnibus Consolidated and Emergency Supplemental Appropriations
    Act, 1999; Public Law 105-277) is amended to read as follows:

    ``SEC. 1334. SUNSET OF UNITED STATES ADVISORY COMMISSION ON PUBLIC
                DIPLOMACY.

        ``The United States Advisory Commission on Public Diplomacy,
    established under section 604 of the United States Information and
    Educational Exchange Act of 1948 (22 U.S.C. 1469) and section 8 of
    Reorganization Plan Numbered 2 of 1977, shall continue to exist and
    operate under such provisions of law until October 1, 2001.''.

    [[Page 113 STAT. 1501A-447]]

        (b) Retroactivity of Effective Date.--The amendment made by
    subsection (a) shall take effect as if included in the enactment of the
    Foreign Affairs Reform and Restructuring Act of 1998.
        (c) Reenactment and Repeal of Certain Provisions of Law.--
                (1) Reenactment.--The provisions of law repealed by section
            1334 of the Foreign Affairs Reform and Restructuring Act of
            1998, as in effect before the date of the enactment of this Act,
            are hereby reenacted into law.
                (2) Repeal.--Effective September 30, 2001, section 604 of
            the United States Information and Educational Exchange Act of
            1948 (22 U.S.C. 1469) and section 8 of the Reorganization Plan
            Numbered 2 of 1977 are repealed.

        (d) Continuity of Advisory Commission.--Notwithstanding any other
    provision of law, any period of discontinuity of the United States
    Advisory Commission on Public Diplomacy shall not affect the appointment
    or terms of service of members of the commission.
        (e) Reduction in Staff and Budget.--Notwithstanding section 604(b)
    of the United States Information and Educational Exchange Act of 1948,
    effective on the date of the enactment of this Act, the United States
    Advisory Commission on Public Diplomacy shall have not more than 2
    individuals who are compensated staff, and not more than 50 percent of
    the resources allocated in fiscal year 1999.

    SEC. 405. ROYAL ULSTER CONSTABULARY TRAINING.

        (a)  Training for the Royal Ulster Constabulary.--No funds
    authorized to be appropriated by this or any other Act may be used to
    support any training or exchange program conducted by the Federal Bureau
    of Investigation or any other Federal law enforcement agency for the
    Royal Ulster Constabulary (in this section referred to as the ``RUC'')
    or RUC members until the President submits to the appropriate
    congressional committees the report required by subsection (b) and the
    certification described in subsection (c)(1).
        (b)  Report on Past Training Programs.--The President shall report
    on training or exchange programs conducted by the Federal Bureau of
    Investigation or other Federal law enforcement agencies for the RUC or
    RUC members during fiscal years 1994 through 1999. Such report shall
    include--
                (1) the number of training or exchange programs conducted
            during the period of the report;
                (2) the number and rank of the RUC members who participated
            in such training or exchange programs in each fiscal year;
                (3) the duration and location of such training or exchange
            programs; and
                (4) a detailed description of the curriculum of the training
            or exchange programs.

        (c)  Certification Regarding Future Training Activities.--
                (1)  In general.--The certification described in this
            subsection is a certification by the President that--
                        (A) training or exchange programs conducted by the
                    Federal Bureau of Investigation or other Federal law
                    enforcement agencies for the RUC or RUC members are
                    necessary to--

    [[Page 113 STAT. 1501A-448]]

                              (i) improve the professionalism of policing in
                          Northern Ireland; and
                              (ii) advance the peace process in Northern
                          Ireland;
                        (B) such programs will include in the curriculum a
                    significant human rights component;
                        (C) vetting procedures have been established in the
                    Departments of State and Justice, and any other
                    appropriate Federal agency, to ensure that training or
                    exchange programs do not include RUC members who there
                    are substantial grounds for believing have committed or
                    condoned violations of internationally recognized human
                    rights, including any role in the murder of Patrick
                    Finucane or Rosemary Nelson or other violence or serious
                    threat of violence against defense attorneys in Northern
                    Ireland; and
                        (D) the governments of the United Kingdom and the
                    Republic of Ireland are committed to assisting in the
                    full implementation of the recommendations contained in
                    the Patten Commission report issued September 9, 1999.
                (2) Fiscal year 2001 application.--The President shall make
            an additional certification under paragraph (1) before any
            Federal law enforcement agency conducts training for the RUC or
            RUC members in fiscal year 2001.
                (3) Application to successor organizations.--The provisions
            of this subsection shall apply to any successor organization of
            the RUC.

         Subtitle B--Russian and Ukrainian Business Management Education

    SEC. 421. PURPOSE.

        The purpose of this subtitle is to establish a training program in
    Russia and Ukraine for nationals of those countries to obtain skills in
    business administration, accounting, and marketing, with special
    emphasis on instruction in business ethics and in the basic terminology,
    techniques, and practices of those disciplines, to achieve international
    standards of quality, transparency, and competitiveness.

    SEC. 422. DEFINITIONS.

        In this subtitle:
                (1) Distance learning.--The term ``distance learning'' means
            training through computers, interactive videos,
            teleconferencing, and videoconferencing between and among
            students and teachers.
                (2) Eligible enterprise.--The term ``eligible enterprise''
            means--
                        (A) in the case of Russia--
                              (i) a business concern operating in Russia
                          that employs Russian nationals in Russia; or
                              (ii) a private enterprise that is being formed
                          or operated by former officers of the Russian
                          armed forces in Russia; and
                        (B) in the case of Ukraine--
                              (i) a business concern operating in Ukraine
                          that employs Ukrainian nationals in Ukraine; or

    [[Page 113 STAT. 1501A-449]]

                              (ii) a private enterprise that is being formed
                          or operated by former officers of the Ukrainian
                          armed forces in Ukraine.
                (3) Eligible national.--The term ``eligible national'' means
            the employee of an eligible enterprise who is employed in the
            program country.
                (4) Program.--The term ``program'' means the program of
            technical assistance established under section 423.
                (5) Program country.--The term ``program country'' means--
                        (A) Russia in the case of any eligible enterprise
                    operating in Russia that receives technical assistance
                    under the program; or
                        (B) Ukraine in the case of any eligible enterprise
                    operating in Ukraine that receives technical assistance
                    under the program.

    SEC. 423. AUTHORIZATION FOR TRAINING PROGRAM AND INTERNSHIPS.

        (a) Training Program.--
                (1) In general.--The President is authorized to establish a
            program of technical assistance to provide the training
            described in section 421 to eligible enterprises.
                (2) Implementation.--Training shall be carried out by United
            States nationals having expertise in business administration,
            accounting, and marketing or by eligible nationals who have been
            trained under the program. Such training may be carried out--
                        (A) in the offices of eligible enterprises, at
                    business schools or institutes, or at other locations in
                    the program country, including facilities of the armed
                    forces of the program country, educational institutions,
                    or in the offices of trade or industry associations,
                    with special consideration given to locations where
                    similar training opportunities are limited or
                    nonexistent; or
                        (B) by ``distance learning'' programs originating in
                    the United States or in European branches of United
                    States institutions.

        (b) Internships With United States Domestic Business Concerns.--
    Authorized program costs may include the travel expenses and appropriate
    in-country business English language training, if needed, of eligible
    nationals who have completed training under the program to undertake
    short-term internships with business concerns in the United States.

    SEC. 424. APPLICATIONS FOR TECHNICAL ASSISTANCE.

        (a) Procedures.--
                (1) In general.--Each eligible enterprise that desires to
            receive training for its employees and managers under this
            subtitle shall submit an application to the clearinghouse under
            subsection (c), at such time, in such manner, and accompanied by
            such additional information as may reasonably be required.
                (2) Joint applications.--A consortium of eligible
            enterprises may file a joint application under the provisions of
            paragraph (1).

        (b) Contents.--An application under subsection (a) may be approved
    only if the application--

    [[Page 113 STAT. 1501A-450]]

                (1) is for an individual or individuals employed in an
            eligible enterprise or enterprises applying under the program;
                (2) describes the level of training for which assistance
            under this subtitle is sought;
                (3) provides evidence that the eligible enterprise meets the
            general policies adopted for the administration of this
            subtitle;
                (4) provides assurances that the eligible enterprise will
            pay a share of the costs of the training, which share may
            include in-kind contributions; and
                (5) provides such additional assurances as are determined to
            be essential to ensure compliance with the requirements of this
            subtitle.

        (c) Clearinghouse.--A clearinghouse shall be established or
    designated in each program country to manage and execute the program in
    that country. The clearinghouse shall screen applications, provide
    information regarding training and teachers, monitor performance of the
    program, and coordinate appropriate post-program follow-on activities.

    SEC. 425. RESTRICTIONS NOT APPLICABLE.

        Prohibitions on the use of foreign assistance funds for assistance
    for the Russian Federation or for Ukraine shall not apply with respect
    to the funds made available to carry out this subtitle.

    SEC. 426. AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--There is authorized to be appropriated $10,000,000
    for the fiscal year 2000 and $10,000,000 for the fiscal year 2001 to
    carry out this subtitle.
        (b) Availability of Funds.--Amounts appropriated under subsection
    (a) are authorized to remain available until expended.

          TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES

    SEC. 501. REAUTHORIZATION OF RADIO FREE ASIA.

        Section 309 of the United States International Broadcasting Act of
    1994 (22 U.S.C. 6208) is amended--
                (1) by striking subsection (c);
                (2) by redesignating subsections (d), (e), (f), (g), (h),
            and (i) as subsections (c), (d), (e), (f), (g), and (h),
            respectively;
                (3) in subsection (c) (as redesignated by paragraph (2))--
                        (A) in paragraph (1)--
                              (i) by striking ``(A)''; and
                              (ii) by striking subparagraph (B);
                        (B) in paragraph (2), by striking ``September 30,
                    1999'' and inserting ``September 30, 2009'';
                        (C) in paragraph (4), by striking ``$22,000,000 in
                    any fiscal year'' and inserting ``$30,000,000 in each of
                    the fiscal years 2000 and 2001'';
                        (D) by striking paragraph (5); and
                        (E) by redesignating paragraph (6) as paragraph (5);
                    and

    [[Page 113 STAT. 1501A-451]]

                (4) by amending subsection (f) (as redesignated by paragraph
            (2)) to read as follows:

        ``(f) Sunset Provision.--The Board may not make any grant for the
    purpose of operating Radio Free Asia after September 30, 2009.''.

    SEC. 502. NOMINATION REQUIREMENTS FOR THE CHAIRMAN OF THE BROADCASTING
                BOARD OF GOVERNORS.

        Section 304(b)(2) of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995 (22 U.S.C. 6203 (b)(2)), is amended--
                (1) by striking ``designate'' and inserting ``appoint''; and
                (2) by adding at the end the following: ``, subject to the
            advice and consent of the Senate''.

    SEC. 503. PRESERVATION OF RFE/RL (RADIO FREE EUROPE/RADIO LIBERTY).

        Section 312 of the United States International Broadcasting Act of
    1994 (22 U.S.C. 6211) is amended to read as follows:

    ``SEC. 312. THE CONTINUING MISSION OF RADIO FREE EUROPE AND RADIO
                LIBERTY BROADCASTS.

        ``It is the sense of Congress that Radio Free Europe and Radio
    Liberty should continue to broadcast to the peoples of Central Europe,
    Eurasia, and the Persian Gulf until such time as--
                ``(1) a particular nation has clearly demonstrated the
            successful establishment and consolidation of democratic rule;
            and
                ``(2) its domestic media which provide balanced, accurate,
            and comprehensive news and information, is firmly established
            and widely accessible to the national audience, thus making
            redundant broadcasts by Radio Free Europe or Radio Liberty.

    ``At such time as a particular nation meets both of these conditions,
    RFE/RL should phase out broadcasting to that nation.''.

    SEC. 504. IMMUNITY FROM CIVIL LIABILITY FOR BROADCASTING BOARD OF
                GOVERNORS.

        Section 304 of the United States International Broadcasting Act of
    1994 (22 U.S.C. 6203) is amended by adding at the end the following
    subsection:
        ``(g) Immunity From Civil Liability.--Notwithstanding any other
    provision of law, any and all limitations on liability that apply to the
    members of the Broadcasting Board of Governors also shall apply to such
    members when acting in their capacities as members of the boards of
    directors of RFE/RL, Incorporated and Radio Free Asia.''.

            TITLE VI--EMBASSY SECURITY AND COUNTERTERRORISM MEASURES

    SEC. 601. SHORT TITLE.

        This title may be cited as the ``Secure Embassy Construction and
    Counterterrorism Act of 1999''.

    SEC. 602. FINDINGS.

        Congress makes the following findings:
                (1) On August 7, 1998, the United States embassies in
            Nairobi, Kenya, and in Dar es Salaam, Tanzania, were

    [[Page 113 STAT. 1501A-452]]

            destroyed by simultaneously exploding bombs. The resulting
            explosions killed 220 persons and injured more than 4,000
            others. Twelve Americans and 40 Kenyan and Tanzanian employees
            of the United States Foreign Service were killed in the attack.
                (2) The United States personnel in both Dar es Salaam and
            Nairobi showed leadership and personal courage in their response
            to the attacks. Despite the havoc wreaked upon the embassies,
            staff in both embassies provided rapid response in locating and
            rescuing victims, providing emergency assistance, and quickly
            restoring embassy operations during a crisis.
                (3) The bombs are believed to have been set by individuals
            associated with Osama bin Laden, leader of a known transnational
            terrorist organization. In February 1998, bin Laden issued a
            directive to his followers that called for attacks against
            United States interests anywhere in the world.
                (4) Threats continue to be made against United States
            diplomatic facilities.
                (5) Accountability Review Boards were convened following the
            bombings, as required by Public Law 99-399, chaired by Admiral
            William J. Crowe, United States Navy (Ret.) (in this section
            referred to as the ``Crowe panels'').
                (6) The conclusions of the Crowe panels were strikingly
            similar to those stated by the Commission chaired by Admiral
            Bobby Ray Inman, which issued an extensive embassy security
            report in 1985.
                (7) The Crowe panels issued a report setting out many
            problems with security at United States diplomatic facilities,
            in particular the following:
                        (A) The United States Government has devoted
                    inadequate resources to security against terrorist
                    attacks.
                        (B) The United States Government places too low a
                    priority on security concerns.
                (8) The result has been a failure to take adequate steps to
            prevent tragedies such as the bombings in Kenya and Tanzania.
                (9) The Crowe panels found that there was an institutional
            failure on the part of the Department of State to recognize
            threats posed by transnational terrorism and vehicular bombs.
                (10) Responsibility for ensuring adequate resources for
            security programs is widely shared throughout the United States
            Government, including Congress. Unless the vulnerabilities
            identified by the Crowe panels are addressed in a sustained and
            financially realistic manner, the lives and safety of United
            States employees in diplomatic facilities will continue to be at
            risk from further terrorist attacks.
                (11) Although service in the Foreign Service or other United
            States Government positions abroad can never be completely
            without risk, the United States Government must take all
            reasonable steps to minimize security risks.

    SEC. 603. UNITED STATES DIPLOMATIC FACILITY DEFINED.

        In this title, the terms `United States diplomatic facility' and
    `diplomatic facility' mean any chancery, consulate, or other office
    notified to the host government as diplomatic or consular premises in
    accordance with the Vienna Conventions on Diplomatic and Consular
    Relations, or otherwise subject to a publicly available

    [[Page 113 STAT. 1501A-453]]

    bilateral agreement with the host government (contained in the records
    of the United States Department of State) that recognizes the official
    status of the United States Government personnel present at the
    facility.

    SEC. 604. AUTHORIZATIONS OF APPROPRIATIONS.

        (a) Authorization of Appropriations.--In addition to amounts
    otherwise authorized to be appropriated by this or any other Act, there
    are authorized to be appropriated for ``Embassy Security, Construction
    and Maintenance''--
                (1) for fiscal year 2000, $900,000,000;
                (2) for fiscal year 2001, $900,000,000;
                (3) for fiscal year 2002, $900,000,000;
                (4) for fiscal year 2003, $900,000,000; and
                (5) for fiscal year 2004, $900,000,000.

        (b) Purposes.--Funds made available under the ``Embassy Security,
    Construction, and Maintenance'' account may be used only for the
    purposes of--
                (1) the acquisition of United States diplomatic facilities
            and, if necessary, any residences or other structures located in
            close physical proximity to such facilities, or
                (2) the provision of major security enhancements to United
            States diplomatic facilities,

    to the extent necessary to bring the United States Government into
    compliance with all requirements applicable to the security of United
    States diplomatic facilities, including the relevant requirements set
    forth in section 606.
        (c) Availability of Authorizations.--Authorizations of
    appropriations under subsection (a) shall remain available until the
    appropriations are made.
        (d) Availability of Funds.--Amounts appropriated pursuant to
    subsection (a) are authorized to remain available until expended.

    SEC. 605. OBLIGATIONS AND EXPENDITURES.

        (a) Report and Priority of Obligations.--
                (1) Report.--Not later than February 1 of the year 2000 and
            each of the four subsequent years, the Secretary of State shall
            submit a classified report to the appropriate congressional
            committees identifying each diplomatic facility or each
            diplomatic or consular post composed of such facilities that is
            a priority for replacement or for any major security enhancement
            because of its vulnerability to terrorist attack (by reason of
            the terrorist threat and the current condition of the facility).
            The report shall list such facilities in groups of 20. The
            groups shall be ranked in order from most vulnerable to least
            vulnerable to such an attack.
                (2) Priority on use of funds.--
                        (A) In general.--Except as provided in subparagraph
                    (B), funds authorized to be appropriated by section 604
                    for a particular project may be used only for those
                    facilities which are listed in the first four groups
                    described in paragraph (1).
                        (B) Exception.--Funds authorized to be made
                    available by section 604 may only be used for facilities
                    which are not in the first 4 groups described in
                    paragraph (1), if the Congress authorizes or
                    appropriates funds for such a diplomatic facility or the
                    Secretary of State notifies the appropriate
                    congressional committees that such funds will

    [[Page 113 STAT. 1501A-454]]

                    be used for a facility in accordance with the procedures
                    applicable to a reprogramming of funds under section
                    34(a) of the State Department Basic Authorities Act of
                    1956 (22 U.S.C. 2706(a)).

        (b) Prohibition on Transfer of Funds.--None of the funds authorized
    to be appropriated by section 604 may be transferred to any other
    account.
        (c) Semiannual Reports on Acquisition and Major Security Upgrades.--
    On June 1 and December 1 of each year, the Secretary of State shall
    submit a report to the appropriate congressional committees on the
    embassy construction and security program authorized under this title.
    The report shall include--
                (1) obligations and expenditures--
                        (A) during the previous two fiscal quarters; and
                        (B) since the enactment of this Act;
                (2) projected obligations and expenditures for the fiscal
            year in which the report is submitted and how these obligations
            and expenditures will improve security conditions of specific
            diplomatic facilities; and
                (3) the status of ongoing acquisition and major security
            enhancement projects, including any significant changes in--
                        (A) the budgetary requirements for such projects;
                        (B) the schedule of such projects; and
                        (C) the scope of the projects.

    SEC. 606. SECURITY REQUIREMENTS FOR UNITED STATES DIPLOMATIC FACILITIES.

        (a) In General.--The following security requirements shall apply
    with respect to United States diplomatic facilities and specified
    personnel:
                (1) Threat assessment.--
                        (A) Emergency action plan.--The Emergency Action
                    Plan (EAP) of each United States mission shall address
                    the threat of large explosive attacks from vehicles and
                    the safety of employees during such an explosive attack.
                    Such plan shall be reviewed and updated annually.
                        (B) Security environment threat list.--The Security
                    Environment Threat List shall contain a section that
                    addresses potential acts of international terrorism
                    against United States diplomatic facilities based on
                    threat identification criteria that emphasize the threat
                    of transnational terrorism and include the local
                    security environment, host government support, and other
                    relevant factors such as cultural realities. Such plan
                    shall be reviewed and updated every six months.
                (2) Site selection.--
                        (A) In general.--In selecting a site for any new
                    United States diplomatic facility abroad, the Secretary
                    shall ensure that all United States Government personnel
                    at the post (except those under the command of an area
                    military commander) will be located on the site.
                        (B) Waiver authority.--
                              (i) In general.--Subject to clause (ii), the
                          Secretary of State may waive subparagraph (A) if
                          the Secretary, together with the head of each
                          agency employing personnel that would not be
                          located at the

    [[Page 113 STAT. 1501A-455]]

                          site, determine that security considerations
                          permit and it is in the national interest of the
                          United States.
                              (ii) Chancery or consulate building.--
                                        (I) Authority not delegable.--The
                                    Secretary may not delegate the waiver
                                    authority under clause (i) with respect
                                    to a chancery or consulate building.
                                        (II) Congressional notification.--
                                    Not less than 15 days prior to
                                    implementing the waiver authority under
                                    clause (i) with respect to a chancery or
                                    consulate building, the Secretary shall
                                    notify the appropriate congressional
                                    committees in writing of the waiver and
                                    the reasons for the determination.
                              (iii) Report to congress.--The Secretary shall
                          submit to the appropriate congressional committees
                          an annual report of all waivers under this
                          subparagraph.
                (3) Perimeter distance.--
                        (A) Requirement.--Each newly acquired United States
                    diplomatic facility shall be sited not less than 100
                    feet from the perimeter of the property on which the
                    facility is to be situated.
                        (B) Waiver authority.--
                              (i) In general.--Subject to clause (ii), the
                          Secretary of State may waive subparagraph (A) if
                          the Secretary determines that security
                          considerations permit and it is in the national
                          interest of the United States.
                              (ii) Chancery or consulate building.--
                                        (I) Authority not delegable.--The
                                    Secretary may not delegate the waiver
                                    authority under clause (i) with respect
                                    to a chancery or consulate building.
                                        (II) Congressional notification.--
                                    Not less than 15 days prior to
                                    implementing the waiver authority under
                                    subparagraph (A) with respect to a
                                    chancery or consulate building, the
                                    Secretary shall notify the appropriate
                                    congressional committees in writing of
                                    the waiver and the reasons for the
                                    determination.
                              (iii) Report to congress.--The Secretary shall
                          submit to the appropriate congressional committees
                          an annual report of all waivers under this
                          subparagraph.
                (4) Crisis management training.--
                        (A) Training of headquarters staff.--The appropriate
                    personnel of the Department of State headquarters staff
                    shall undertake crisis management training for mass
                    casualty and mass destruction incidents relating to
                    diplomatic facilities for the purpose of bringing about
                    a rapid response to such incidents from Department of
                    State headquarters in Washington, D.C.
                        (B) Training of personnel abroad.--A program of
                    appropriate instruction in crisis management shall be
                    provided to personnel at United States diplomatic
                    facilities abroad at least on an annual basis.

    [[Page 113 STAT. 1501A-456]]

                (5) Diplomatic security training.--Not later than six months
            after the date of the enactment of this Act, the Secretary of
            State shall--
                        (A) develop annual physical fitness standards for
                    all diplomatic security agents to ensure that the agents
                    are prepared to carry out all of their official
                    responsibilities; and
                        (B) provide for an independent evaluation by an
                    outside entity of the overall adequacy of current new
                    agent, in-service, and management training programs to
                    prepare agents to carry out the full scope of diplomatic
                    security responsibilities, including preventing attacks
                    on United States personnel and facilities.
                        (6) State department support.--
                        (A) Foreign emergency support team.--The Foreign
                    Emergency Support Team (FEST) of the Department of State
                    shall receive sufficient support from the Department,
                    including--
                              (i) conducting routine training exercises of
                          the FEST;
                              (ii) providing personnel identified to serve
                          on the FEST as a collateral duty;
                              (iii) providing personnel to assist in
                          activities such as security, medical relief,
                          public affairs, engineering, and building safety;
                          and
                              (iv) providing such additional support as may
                          be necessary to enable the FEST to provide support
                          in a post-crisis environment involving mass
                          casualties and physical damage.
                        (B) Fest aircraft.--
                              (i) Replacement aircraft.--The President shall
                          develop a plan to replace on a priority basis the
                          current FEST aircraft funded by the Department of
                          Defense with a dedicated, capable, and reliable
                          replacement aircraft and backup aircraft to be
                          operated and maintained by the Department of
                          Defense.
                              (ii) Report.--Not later than 60 days after the
                          date of enactment of this Act, the President shall
                          submit a report to the appropriate congressional
                          committees describing the aircraft selected
                          pursuant to clause (i) and the arrangements for
                          the funding, operation, and maintenance of such
                          aircraft.
                              (iii) Authority to lease aircraft to respond
                          to a terrorist attack abroad.--Subject to the
                          availability of appropriations, when the Attorney
                          General of the Department of Justice exercises the
                          Attorney General's authority to lease commercial
                          aircraft to transport equipment and personnel in
                          response to a terrorist attack abroad if there
                          have been reasonable efforts to obtain appropriate
                          Department of Defense aircraft and such aircraft
                          are unavailable, the Attorney General shall have
                          the authority to obtain indemnification insurance
                          or guarantees if necessary and appropriate.
                (7) Rapid response procedures.--The Secretary of State shall
            enter into a memorandum of understanding with the Secretary of
            Defense setting out rapid response procedures

    [[Page 113 STAT. 1501A-457]]

            for mobilization of personnel and equipment of their respective
            departments to provide more effective assistance in times of
            emergency with respect to United States diplomatic facilities.
                (8) Storage of emergency equipment and records.--All United
            States diplomatic facilities shall have emergency equipment and
            records required in case of an emergency situation stored at an
            off-site facility.

        (b) Statutory Construction.--Nothing in this section alters or
    amends existing security requirements not addressed by this section.

    SEC. 607. REPORT ON OVERSEAS PRESENCE.

        (a) Review.--The Secretary of State shall review the findings of the
    Overseas Presence Advisory Panel of the Department of State.
        (b) Report.--
                (1) In general.--Not later than 120 days after submission of
            the Overseas Presence Advisory Panel Report, the Secretary of
            State shall submit a report to the appropriate congressional
            committees setting forth the results of the review conducted
            under subsection (a).
                (2) Elements of the report.--To the extent not addressed by
            the review described in subsection (a), the report shall also--
                        (A) specify whether any United States diplomatic
                    facility should be closed because--
                              (i) the facility is highly vulnerable and
                          subject to threat of terrorist attack; and
                              (ii) adequate security enhancements cannot be
                          provided to the facility;
                        (B) in the event that closure of a diplomatic
                    facility is required, identify plans to provide secure
                    premises for permanent use by the United States
                    diplomatic mission, whether in country or in a regional
                    United States diplomatic facility, or for temporary
                    occupancy by the mission in a facility pending
                    acquisition of new buildings;
                        (C) outline the potential for reduction or transfer
                    of personnel or closure of missions if technology is
                    adequately exploited for maximum efficiencies;
                        (D) examine the possibility of creating regional
                    missions in certain parts of the world;
                        (E) in the case of diplomatic facilities that are
                    part of the Special Embassy Program, report on the
                    foreign policy objectives served by retaining such
                    missions, balancing the importance of these objectives
                    against the well-being of United States personnel; and
                        (F) examine the feasibility of opening new regional
                    outreach centers, modeled on the system used by the
                    United States Embassy in Paris, France, with each center
                    designed to operate--
                              (i) at no additional cost to the United States
                          Government;
                              (ii) with staff consisting of one or two
                          Foreign Service officers currently assigned to the
                          United States diplomatic mission in the country in
                          which the center is located; and

    [[Page 113 STAT. 1501A-458]]

                              (iii) in a region of the country with high
                          gross domestic product (GDP), a high density
                          population, and a media market that not only
                          includes but extends beyond the region.

    SEC. 608. ACCOUNTABILITY REVIEW BOARDS.

        Section 301 of the Omnibus Diplomatic Security and Antiterrorism Act
    of 1986 (22 U.S.C. 4831) is amended to read as follows:

    ``SEC. 301. ACCOUNTABILITY REVIEW BOARDS.

        ``(a) In General.--
                ``(1) Convening a board.--Except as provided in paragraph
            (2), in any case of serious injury, loss of life, or significant
            destruction of property at, or related to, a United States
            Government mission abroad, and in any case of a serious breach
            of security involving intelligence activities of a foreign
            government directed at a United States Government mission
            abroad, which is covered by the provisions of titles I through
            IV (other than a facility or installation subject to the control
            of a United States area military commander), the Secretary of
            State shall convene an Accountability Review Board (in this
            title referred to as the `Board'). The Secretary shall not
            convene a Board where the Secretary determines that a case
            clearly involves only causes unrelated to security.
                ``(2) Department of defense facilities and personnel.--The
            Secretary of State is not required to convene a Board in the
            case of an incident described in paragraph (1) that involves any
            facility, installation, or personnel of the Department of
            Defense with respect to which the Secretary has delegated
            operational control of overseas security functions to the
            Secretary of Defense pursuant to section 106 of this Act. In any
            such case, the Secretary of Defense shall conduct an appropriate
            inquiry. The Secretary of Defense shall report the findings and
            recommendations of such inquiry, and the action taken with
            respect to such recommendations, to the Secretary of State and
            Congress.

        ``(b) Deadlines for convening boards.--
                ``(1) In general.--Except as provided in paragraph (2), the
            Secretary of State shall convene a Board not later than 60 days
            after the occurrence of an incident described in subsection
            (a)(1), except that such 60-day period may be extended for one
            additional 60-day period if the Secretary determines that the
            additional period is necessary for the convening of the Board.
                ``(2) Delay in cases involving intelligence activities.--
            With respect to breaches of security involving intelligence
            activities, the Secretary of State may delay the establishment
            of a Board if, after consultation with the chairman of the
            Select Committee on Intelligence of the Senate and the chairman
            of the Permanent Select Committee on Intelligence of the House
            of Representatives, the Secretary determines that the
            establishment of a Board would compromise intelligence sources
            or methods. The Secretary shall promptly advise the chairmen of
            such committees of each determination pursuant to this paragraph
            to delay the establishment of a Board.

        ``(c) Notification to Congress.--Whenever the Secretary of State
    convenes a Board, the Secretary shall promptly inform the

    [[Page 113 STAT. 1501A-459]]

    chairman of the Committee on Foreign Relations of the Senate and the
    Speaker of the House of Representatives--
                ``(1) that a Board has been convened;
                ``(2) of the membership of the Board; and
                ``(3) of other appropriate information about the Board.''.

    SEC. 609. INCREASED ANTI-TERRORISM TRAINING IN AFRICA.

        Not later than six months after the date of the enactment of this
    Act, the Secretary of State, in consultation with the Secretary of the
    Treasury and the Attorney General, shall submit a report to the
    appropriate congressional committees on a proposed operational plan and
    site selection to expeditiously establish an International Law
    Enforcement Academy (ILEA) on the continent of Africa in order to
    increase training and cooperation on the continent in anti-terrorism and
    transnational crime fighting.

             TITLE VII--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

      Subtitle A--International Organizations Other than the United Nations

    SEC. 701. CONFORMING AMENDMENTS TO REFLECT REDESIGNATION OF CERTAIN
                INTERPARLIAMENTARY GROUPS.

        (a) Transatlantic Legislators' Dialogue.--Section 109(c) of the
    Department of State Authorization Act, Fiscal Years 1984 and 1985 (22
    U.S.C. 276 note) is amended by striking ``United States-European
    Community Interparliamentary Group'' and inserting ``Transatlantic
    Legislators' Dialogue (United States-European Union Interparliamentary
    Group)''.
        (b) NATO Parliamentary Assembly--
                (1) In general.--The joint resolution entitled ``Joint
            Resolution to authorize participation by the United States in
            parliamentary conferences of the North Atlantic Treaty
            Organization'', approved July 11, 1956 (22 U.S.C. 1928a et
            seq.), is amended in sections 2, 3, and 4 (22 U.S.C. 1928b,
            1928c, and 1928d, respectively) by striking ``North Atlantic
            Assembly'' each place it appears and inserting ``NATO
            Parliamentary Assembly''.
                (2) Conforming amendment.--Section 105(b) of the Legislative
            Branch Appropriation Act, 1961 (22 U.S.C. 276c-1) is amended by
            striking ``North Atlantic Assembly'' and inserting ``NATO
            Parliamentary Assembly''.
                (3) References.--In the case of any provision of law having
            application on or after May 31, 1999 (other than a provision of
            law specified in subparagraphs (A) or (B)), any reference
            contained in that provision to the North Atlantic Assembly
            shall, on and after that date, be considered to be a reference
            to the NATO Parliamentary Assembly.

    SEC. 702. AUTHORITY OF THE INTERNATIONAL BOUNDARY AND WATER COMMISSION
                TO ASSIST STATE AND LOCAL GOVERNMENTS.

        (a) Authority.--The Commissioner of the United States section of the
    International Boundary and Water Commission may provide

    [[Page 113 STAT. 1501A-460]]

    technical tests, evaluations, information, surveys, or others similar
    services to State or local governments upon the request of such State or
    local government on a reimbursable basis.
        (b) Reimbursements.--Reimbursements shall be paid in advance of the
    goods or services ordered and shall be for the estimated or actual cost
    as determined by the United States section of the International Boundary
    and Water Commission. Proper adjustment of amounts paid in advance shall
    be made as determined by the United States section of the International
    Boundary and Water Commission on the basis of the actual cost of goods
    or services provided. Reimbursements received by the United States
    section of the International Boundary and Water Commission for providing
    services under this section shall be credited to the appropriation from
    which the cost of providing the services is charged.

    SEC. 703. INTERNATIONAL BOUNDARY AND WATER COMMISSION.

        Section 2(b) of the American-Mexican Chamizal Convention Act of 1964
    (Public Law 88-300; 22 U.S.C. 277d-18(b)) is amended by inserting
    ``operations, maintenance, and'' after ``cost of''.

    SEC. 704. SEMIANNUAL REPORTS ON UNITED STATES SUPPORT FOR MEMBERSHIP OR
                PARTICIPATION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS.

        (a) Reports Required.--Not later than 60 days after the date of
    enactment of this Act, and every 6 months thereafter for fiscal years
    2000 and 2001, the Secretary of State shall submit to Congress a report
    in a classified and unclassified manner on the status of efforts by the
    United States Government to support--
                (1) the membership of Taiwan in international organizations
            that do not require statehood as a prerequisite to such
            membership; and
                (2) the appropriate level of participation by Taiwan in
            international organizations that may require statehood as a
            prerequisite to full membership.

        (b) Report Elements.--Each report under subsection (a) shall--
                (1) set forth a comprehensive list of the international
            organizations in which the United States Government supports the
            membership or participation of Taiwan;
                (2) describe in detail the efforts of the United States
            Government to achieve the membership or participation of Taiwan
            in each organization listed; and
                (3) identify the obstacles to the membership or
            participation of Taiwan in each organization listed, including a
            list of any governments that do not support the membership or
            participation of Taiwan in each such organization.

    SEC. 705. RESTRICTION RELATING TO UNITED STATES ACCESSION TO THE
                INTERNATIONAL CRIMINAL COURT.

        (a) Prohibition.--The United States shall not become a party to the
    International Criminal Court except pursuant to a treaty made under
    Article II, section 2, clause 2 of the Constitution of the United States
    on or after the date of enactment of this Act.
        (b) Prohibition.--None of the funds authorized to be appropriated by
    this or any other Act may be obligated for use by, or for support of,
    the International Criminal Court unless the United States has become a
    party to the Court pursuant to a treaty made under Article II, section
    2, clause 2 of the Constitution

    [[Page 113 STAT. 1501A-461]]

    of the United States on or after the date of enactment of this Act.
        (c) International Criminal Court Defined.--In this section, the term
    ``International Criminal Court'' means the court established by the Rome
    Statute of the International Criminal Court, adopted by the United
    Nations Diplomatic Conference of Plenipotentiaries on the Establishment
    of an International Criminal Court on July 17, 1998.

    SEC. 706. PROHIBITION ON EXTRADITION OR TRANSFER OF UNITED STATES
                CITIZENS TO THE INTERNATIONAL CRIMINAL COURT.

        (a) Prohibition on Extradition.--None of the funds authorized to be
    appropriated or otherwise made available by this or any other Act may be
    used to extradite a United States citizen to a foreign country that is
    under an obligation to surrender persons to the International Criminal
    Court unless that foreign country confirms to the United States that
    applicable prohibitions on reextradition apply to such surrender or
    gives other satisfactory assurances to the United States that the
    country will not extradite or otherwise transfer that citizen to the
    International Criminal Court.
        (b) Prohibition on Consent to Extradition by Third Countries.--None
    of the funds authorized to be appropriated or otherwise made available
    by this or any other Act may be used to provide consent to the
    extradition or transfer of a United States citizen by a foreign country
    to a third country that is under an obligation to surrender persons to
    the International Criminal Court, unless the third country confirms to
    the United States that applicable prohibitions on reextradition apply to
    such surrender or gives other satisfactory assurances to the United
    States that the third country will not extradite or otherwise transfer
    that citizen to the International Criminal Court.
        (c) Definition.--In this section, the term ``International Criminal
    Court'' has the meaning given the term in section 705(c) of this Act.

    SEC. 707. REQUIREMENT FOR REPORTS REGARDING FOREIGN TRAVEL.

        Section 2505 of the Foreign Affairs Reform and Restructuring Act of
    1998 (as contained in division G of Public Law 105-277) is amended--
                (1) in subsection (a), by striking ``by this division for
            fiscal year 1999'' and inserting ``for the Department of State
            for fiscal year 2000 or 2001''; and
                (2) in subsection (d), by striking ``not later than April 1,
            1999,'' and inserting ``on January 31 of the years 2000 and 2001
            and July 31 of the years 2000 and 2001,''.

    SEC. 708. UNITED STATES REPRESENTATION AT THE INTERNATIONAL ATOMIC
                ENERGY AGENCY.

        (a) Amendment to the United Nations Participation Act of 1945.--
    Section 2(h) of the United Nations Participation Act of 1945 (22 U.S.C.
    287(h)) is amended by adding at the end the following new sentence:
    ``The representative of the United States to the Vienna office of the
    United Nations shall also serve as representative of the United States
    to the International Atomic Energy Agency.''.

    [[Page 113 STAT. 1501A-462]]

        (b) Amendment to the IAEA Participation Act of 1957.--Section 2(a)
    of the International Atomic Energy Agency Participation Act of 1957 (22
    U.S.C. 2021(a)) is amended by adding at the end the following new
    sentence: ``The Representative of the United States to the Vienna office
    of the United Nations shall also serve as representative of the United
    States to the Agency.''.
        (c) Effective Date.--The amendments made by subsections (a) and (b)
    shall apply to individuals appointed on or after the date of enactment
    of this Act.

                      Subtitle B--United Nations Activities

    SEC. 721. UNITED NATIONS POLICY ON ISRAEL AND THE PALESTINIANS.

        (a) Congressional Statement.--It shall be the policy of the United
    States to promote an end to the persistent inequity experienced by
    Israel in the United Nations whereby Israel is the only longstanding
    member of the organization to be denied acceptance into any of the
    United Nations regional blocs.
        (b) Policy on Abolition of Certain United Nations Groups.--It shall
    be the policy of the United States to seek the abolition of certain
    United Nations groups the existence of which is inimical to the ongoing
    Middle East peace process, those groups being the Special Committee to
    Investigate Israeli Practices Affecting the Human Rights of the
    Palestinian People and other Arabs of the Occupied Territories; the
    Committee on the Exercise of the Inalienable Rights of the Palestinian
    People; the Division for the Palestinian Rights; and the Division on
    Public Information on the Question of Palestine.
        (c) Annual Reports.--On January 15 of each year, the Secretary of
    State shall submit a report to the appropriate congressional committees
    (in classified or unclassified form as appropriate) on--
                (1) actions taken by representatives of the United States to
            encourage the nations of the Western Europe and Others Group
            (WEOG) to accept Israel into their regional bloc;
                (2) other measures being undertaken, and which will be
            undertaken, to ensure and promote Israel's full and equal
            participation in the United Nations; and
                (3) steps taken by the United States under subsection (b) to
            secure abolition by the United Nations of groups described in
            that subsection.

        (d) Annual Consultation.--At the time of the submission of each
    annual report under subsection (c), the Secretary of State shall consult
    with the appropriate congressional committees on specific responses
    received by the Secretary of State from each of the nations of the
    Western Europe and Others Group (WEOG) on their position concerning
    Israel's acceptance into their organization.

    SEC. 722. DATA ON COSTS INCURRED IN SUPPORT OF UNITED NATIONS
                PEACEKEEPING OPERATIONS.

        Chapter 6 of part II of the Foreign Assistance Act of 1961 (22
    U.S.C. 2348 et seq.) is amended by adding at the end the following:

    [[Page 113 STAT. 1501A-463]]

    ``SEC. 554. DATA ON COSTS INCURRED IN SUPPORT OF UNITED NATIONS
                PEACEKEEPING OPERATIONS.

        ``(a) United States Costs.--The President shall annually provide to
    the Secretary General of the United Nations data regarding all costs
    incurred by the United States Department of Defense during the preceding
    year in support of all United Nations Security Council resolutions as
    reported to the Congress pursuant to section 8079 of the Department of
    Defense Appropriations Act, 1998.
        ``(b) United Nations Member Costs.--The President shall request that
    the United Nations compile and publish information concerning costs
    incurred by United Nations members in support of such resolutions.''.

    SEC. 723. REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY THE UNITED
                STATES TO THE UNITED NATIONS.

        The United Nations Participation Act of 1945 (22 U.S.C. 287 et seq.)
    is amended by adding at the end the following new section:

    ``SEC. 10. REIMBURSEMENT FOR GOODS AND SERVICES PROVIDED BY THE UNITED
                STATES TO THE UNITED NATIONS.

        ``(a) Requirement To Obtain Reimbursement.--
                ``(1) In general.--Except as provided in paragraph (2), the
            President shall seek and obtain in a timely fashion a commitment
            from the United Nations to provide reimbursement to the United
            States from the United Nations whenever the United States
            Government furnishes assistance pursuant to the provisions of
            law described in subsection (c)--
                        ``(A) to the United Nations when the assistance is
                    designed to facilitate or assist in carrying out an
                    assessed peacekeeping operation;
                        ``(B) for any United Nations peacekeeping operation
                    that is authorized by the United Nations Security
                    Council under Chapter VI or Chapter VII of the United
                    Nations Charter and paid for by peacekeeping or regular
                    budget assessment of the United Nations members; or
                        ``(C) to any country participating in any operation
                    authorized by the United Nations Security Council under
                    Chapter VI or Chapter VII of the United Nations Charter
                    and paid for by peacekeeping assessments of United
                    Nations members when the assistance is designed to
                    facilitate or assist the participation of that country
                    in the operation.
                ``(2) Exceptions.--
                        ``(A) In general.--The requirement in paragraph (1)
                    shall not apply to--
                              ``(i) goods and services provided to the
                          United States Armed Forces;
                              ``(ii) assistance having a value of less than
                          $3,000,000 per fiscal year per operation;
                              ``(iii) assistance furnished before the date
                          of enactment of this section;
                              ``(iv) salaries and expenses of civilian
                          police and other civilian and military monitors
                          where United Nations policy is to require payment
                          by contributing members for similar assistance to
                          United Nations peacekeeping operations; or

    [[Page 113 STAT. 1501A-464]]

                              ``(v) any assistance commitment made before
                          the date of enactment of this section.
                        ``(B) Deployments of united states military
                    forces.-- The requirements of subsection (d)(1)(B) shall
                    not apply to the deployment of United States military
                    forces when the President determines that such
                    deployment is important to the security interests of the
                    United States. The cost of such deployment shall be
                    included in the data provided under section 554 of the
                    Foreign Assistance Act of 1961.
                ``(3) Form and amount.--
                        ``(A) Amount.--The amount of any reimbursement under
                    this subsection shall be determined at the usual rate
                    established by the United Nations.
                        ``(B) Form.--Reimbursement under this subsection may
                    include credits against the United States assessed
                    contributions for United Nations peacekeeping
                    operations, if the expenses incurred by any United
                    States department or agency providing the assistance
                    have first been reimbursed.

        ``(b) Treatment of Reimbursements.--
                ``(1) Credit.--The amount of any reimbursement paid the
            United States under subsection (a) shall be credited to the
            current applicable appropriation, fund, or account of the United
            States department or agency providing the assistance for which
            the reimbursement is paid.
                ``(2) Availability.--Amounts credited under paragraph (1)
            shall be merged with the appropriations, or with appropriations
            in the fund or account, to which credited and shall be available
            for the same purposes, and subject to the same conditions and
            limitations, as the appropriations with which merged.

        ``(c) Covered Assistance.--Subsection (a) applies to assistance
    provided under the following provisions of law:
                ``(1) Sections 6 and 7 of this Act.
                ``(2) Sections 451, 506(a)(1), 516, 552(c), and 607 of the
            Foreign Assistance Act of 1961.
                ``(3) Any other provisions of law pursuant to which
            assistance is provided by the United States to carry out the
            mandate of an assessed United Nations peacekeeping operation.

        ``(d) Waiver.--
                ``(1) Authority.--
                        ``(A) In general.--The President may authorize the
                    furnishing of assistance covered by this section without
                    regard to subsection (a) if the President determines,
                    and so notifies in writing the Committee on Foreign
                    Relations of the Senate and the Speaker of the House of
                    Representatives, that to do so is important to the
                    security interests of the United States.
                        ``(B) Congressional notification.--When exercising
                    the authorities of subparagraph (A), the President shall
                    notify the Committee on Foreign Relations of the Senate
                    and the Committee on International Relations of the
                    House of Representatives in accordance with the
                    procedures applicable to reprogramming notifications
                    under section 634A of the Foreign Assistance Act of
                    1961.
                ``(2) Congressional review.--Notwithstanding a notice under
            paragraph (1) with respect to assistance covered by this

    [[Page 113 STAT. 1501A-465]]

            section, subsection (a) shall apply to the furnishing of the
            assistance if, not later than 15 calendar days after receipt of
            a notification under that paragraph, the Congress enacts a joint
            resolution disapproving the determination of the President
            contained in the notification.
                ``(3) Senate procedures.--Any joint resolution described in
            paragraph (2) shall be considered in the Senate in accordance
            with the provisions of section 601(b) of the International
            Security Assistance and Arms Export Control Act of 1976.

        ``(e) Relationship to Other Reimbursement Authority.--Nothing in
    this section shall preclude the President from seeking reimbursement for
    assistance covered by this section that is in addition to the
    reimbursement sought for the assistance under subsection (a).
        ``(f) Definition.--In this section, the term `assistance' includes
    personnel, services, supplies, equipment, facilities, and other
    assistance if such assistance is provided by the Department of Defense
    or any other United States Government agency.''.

    SEC. 724. CODIFICATION OF REQUIRED NOTICE OF PROPOSED UNITED NATIONS
                PEACEKEEPING OPERATIONS.

        (a) Codification.--Section 4 of the United Nations Participation Act
    of 1945 (22 U.S.C. 287b) is amended--
                (1) in subsection (a), by striking the second sentence; and
                (2) by striking subsection (e) and inserting the following:

        ``(e) Consultations and Reports on United Nations Peacekeeping
    Operations.--
                ``(1) Consultations.--Each month the President shall consult
            with Congress on the status of United Nations peacekeeping
            operations.
                ``(2) Information to be provided.--In connection with such
            consultations, the following information shall be provided each
            month to the designated congressional committees:
                        ``(A) With respect to ongoing United Nations
                    peacekeeping operations, the following:
                              ``(i) A list of all resolutions of the United
                          Nations Security Council anticipated to be voted
                          on during such month that would extend or change
                          the mandate of any United Nations peacekeeping
                          operation.
                              ``(ii) For each such operation, any changes in
                          the duration, mandate, and command and control
                          arrangements that are anticipated as a result of
                          the adoption of the resolution.
                              ``(iii) An estimate of the total cost to the
                          United Nations of each such operation for the
                          period covered by the resolution, and an estimate
                          of the amount of that cost that will be assessed
                          to the United States.
                              ``(iv) Any anticipated significant changes in
                          United States participation in or support for each
                          such operation during the period covered by the
                          resolution (including the provision of facilities,
                          training, transportation, communication, and
                          logistical support, but not including intelligence
                          activities reportable under title V of the
                          National Security Act of 1947 (50 U.S.C. 413 et
                          seq.)), and the estimated costs to the United
                          States of such changes.

    [[Page 113 STAT. 1501A-466]]

                        ``(B) With respect to each new United Nations
                    peacekeeping operation that is anticipated to be
                    authorized by a Security Council resolution during such
                    month, the following information for the period covered
                    by the resolution:
                              ``(i) The anticipated duration, mandate, and
                          command and control arrangements of such
                          operation, the planned exit strategy, and the
                          vital national interest to be served.
                              ``(ii) An estimate of the total cost to the
                          United Nations of the operation, and an estimate
                          of the amount of that cost that will be assessed
                          to the United States.
                              ``(iii) A description of the functions that
                          would be performed by any United States Armed
                          Forces participating in or otherwise operating in
                          support of the operation, an estimate of the
                          number of members of the Armed Forces that will
                          participate in or otherwise operate in support of
                          the operation, and an estimate of the cost to the
                          United States of such participation or support.
                              ``(iv) A description of any other United
                          States assistance to or support for the operation
                          (including the provision of facilities, training,
                          transportation, communication, and logistical
                          support, but not including intelligence activities
                          reportable under title V of the National Security
                          Act of 1947 (50 U.S.C. 413 et seq.)), and an
                          estimate of the cost to the United States of such
                          assistance or support.
                              ``(v) A reprogramming of funds pursuant to
                          section 34 of the State Department Basic
                          Authorities Act of 1956, submitted in accordance
                          with the procedures set forth in such section,
                          describing the source of funds that will be used
                          to pay for the cost of the new United Nations
                          peacekeeping operation, provided that such
                          notification shall also be submitted to the
                          Committee on Appropriations of the House of
                          Representatives and the Committee on
                          Appropriations of the Senate.
                ``(3) Form and timing of information.--
                        ``(A) Form.--The President shall submit information
                    under clauses (i) and (iii) of paragraph (2)(A) in
                    writing.
                        ``(B) Timing.--
                              ``(i) Ongoing operations.--The information
                          required under paragraph (2)(A) for a month shall
                          be submitted not later than the 10th day of the
                          month.
                              ``(ii) New operations.--The information
                          required under paragraph (2)(B) shall be submitted
                          in writing with respect to each new United Nations
                          peacekeeping operation not less than 15 days
                          before the anticipated date of the vote on the
                          resolution concerned unless the President
                          determines that exceptional circumstances prevent
                          compliance with the requirement to report 15 days
                          in advance. If the President makes such a
                          determination, the information required under
                          paragraph (2)(B) shall be submitted as far in
                          advance of the vote as is practicable.
                ``(4) New united nations peacekeeping operation defined.--As
            used in paragraph (2), the term `new United

    [[Page 113 STAT. 1501A-467]]

            Nations peacekeeping operation' includes any existing or
            otherwise ongoing United Nations peacekeeping operation--
                        ``(A) where the authorized force strength is to be
                    expanded;
                        ``(B) that is to be authorized to operate in a
                    country in which it was not previously authorized to
                    operate; or
                        ``(C) the mandate of which is to be changed so that
                    the operation would be engaged in significant additional
                    or significantly different functions.
                ``(5) Notification and quarterly reports regarding united
            states assistance.--
                        ``(A) Notification of certain assistance.--
                              ``(i) In general.--The President shall notify
                          the designated congressional committees at least
                          15 days before the United States provides any
                          assistance to the United Nations to support
                          peacekeeping operations.
                              ``(ii) Exception.--This subparagraph does not
                          apply to--
                                        ``(I) assistance having a value of
                                    less than $3,000,000 in the case of
                                    nonreimbursable assistance or less than
                                    $14,000,000 in the case of reimbursable
                                    assistance; or
                                        ``(II) assistance provided under the
                                    emergency drawdown authority of sections
                                    506(a)(1) and 552(c)(2) of the Foreign
                                    Assistance Act of 1961 (22 U.S.C.
                                    2318(a)(1) and 2348a(c)(2)).
                        ``(B) Quarterly reports.--
                              ``(i) In general.--The President shall submit
                          quarterly reports to the designated congressional
                          committees on all assistance provided by the
                          United States during the preceding calendar
                          quarter to the United Nations to support
                          peacekeeping operations.
                              ``(ii) Matters included.--Each report under
                          this subparagraph shall describe the assistance
                          provided for each such operation, listed by
                          category of assistance.
                              ``(iii) Fourth quarter report.--The report
                          under this subparagraph for the fourth calendar
                          quarter of each year shall be submitted as part of
                          the annual report required by subsection (d) and
                          shall include cumulative information for the
                          preceding calendar year.

        ``(f) Designated Congressional Committees.--In this section, the
    term `designated congressional committees' means the Committee on
    Foreign Relations and the Committee on Appropriations of the Senate and
    the Committee on International Relations and the Committee on
    Appropriations of the House of Representatives.''.
                (2) Conforming repeal.--Subsection (a) of section 407 of the
            Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
            (Public Law 103-236; 22 U.S.C. 287b note; 108 Stat. 448) is
            repealed.

        (b) Relationship to Other Notice Requirements.--Section 4 of the
    United Nations Participation Act of 1945, as amended by subsection (a),
    is further amended by adding at the end the following:

    [[Page 113 STAT. 1501A-468]]

        ``(g) Relationship to Other Notification Requirements.--Nothing in
    this section is intended to alter or supersede any notification
    requirement with respect to peacekeeping operations that is established
    under any other provision of law.''.

                      TITLE VIII--MISCELLANEOUS PROVISIONS

                         Subtitle A--General Provisions

    SEC. 801. DENIAL OF ENTRY INTO UNITED STATES OF FOREIGN NATIONALS
                ENGAGED IN ESTABLISHMENT OR ENFORCEMENT OF FORCED ABORTION
                OR STERILIZATION POLICY.

        (a) Denial of Entry.--Notwithstanding any other provision of law,
    the Secretary of State may not issue any visa to, and the Attorney
    General may not admit to the United States, any foreign national whom
    the Secretary finds, based on credible and specific information, to have
    been directly involved in the establishment or enforcement of population
    control policies forcing a woman to undergo an abortion against her free
    choice or forcing a man or woman to undergo sterilization against his or
    her free choice, unless the Secretary has substantial grounds for
    believing that the foreign national has discontinued his or her
    involvement with, and support for, such policies.
        (b) Exceptions.--The prohibitions in subsection (a) shall not apply
    in the case of a foreign national who is a head of state, head of
    government, or cabinet level minister.
        (c) Waiver.--The Secretary of State may waive the prohibitions in
    subsection (a) with respect to a foreign national if the Secretary--
                (1) determines that it is important to the national interest
            of the United States to do so; and
                (2) provides written notification to the appropriate
            congressional committees containing a justification for the
            waiver.

    SEC. 802. TECHNICAL CORRECTIONS.

        (a) Section 1422(b)(3)(B) of the Foreign Affairs Reform and
    Restructuring Act (as contained in division G of Public Law 105-277; 112
    Stat. 2681-792) is amended by striking ``divisionAct'' and inserting
    ``division''.
        (b) Section 1002(a) of the Foreign Affairs Reform and Restructuring
    Act (as contained in division G of Public Law 105-277; 112 Stat. 2681-
    762) is amended by striking paragraph (3).
        (c) The table of contents of division G of Public Law 105-277 (112
    Stat. 2681-762) is amended by striking ``division__'' and inserting
    ``division g''.
        (d) Section 305 of Public Law 97-446 (19 U.S.C 2604) is amended in
    the first sentence by striking ``Secretary'' the first place it appears
    and inserting ``Secretary, in consultation with the Secretary of
    State,''.

    SEC. 803. REPORTS WITH RESPECT TO A REFERENDUM ON WESTERN SAHARA.

        (a) Reports Required.--
                (1) In general.--Not later than each of the dates specified
            in paragraph (2), the Secretary of State shall submit a report
            to the appropriate congressional committees describing specific

    [[Page 113 STAT. 1501A-469]]

            steps being taken by the Government of Morocco and by the
            Popular Front for the Liberation of Saguia el-Hamra and Rio de
            Oro (POLISARIO) to ensure that a free, fair, and transparent
            referendum in which the people of the Western Sahara will choose
            between independence and integration with Morocco will be held
            by July 2000.
                (2) Deadlines for submission of reports.--The dates referred
            to in paragraph (1) are January 1, 2000, and June 1, 2000.

        (b) Report Elements.--The report shall include--
                (1) a description of preparations for the referendum,
            including the extent to which free access to the territory for
            independent international organizations, including election
            observers and international media, will be guaranteed;
                (2) a description of current efforts by the Department of
            State to ensure that a referendum will be held by July 2000;
                (3) an assessment of the likelihood that the July 2000 date
            will be met;
                (4) a description of obstacles, if any, to the voter
            registration process and other preparations for the referendum,
            and efforts being made by the parties and the United States
            Government to overcome those obstacles; and
                (5) an assessment of progress being made in the repatriation
            process.

    SEC. 804. REPORTING REQUIREMENTS UNDER PLO COMMITMENTS COMPLIANCE ACT OF
                1989.

        The PLO Commitments Compliance Act of 1989 is amended --
                (1) in section 804(b), by striking ``In conjunction with
            each written policy justification required under section
            604(b)(1) of the Middle East Peace Facilitation Act of 1995 or
            every'' and inserting ``Every'';
                (2) in section 804(b)--
                        (A) by striking ``and'' at the end of paragraph (9);
                        (B) by striking the period at the end of paragraph
                    (10); and
                        (C) by adding at the end the following new
                    paragraphs:
                ``(11) a statement on the effectiveness of end-use
            monitoring of international or United States aid being provided
            to the Palestinian Authority, Palestinian Liberation
            Organization, or the Palestinian Legislative Council, or to any
            other agent or instrumentality of the Palestinian Authority, on
            Palestinian efforts to comply with international accounting
            standards and on enforcement of anti-corruption measures; and
                ``(12) a statement on compliance by the Palestinian
            Authority with the democratic reforms, with specific details
            regarding the separation of powers called for between the
            executive and Legislative Council, the status of legislation
            passed by the Legislative Council and sent to the executive, the
            support of the executive for local and municipal elections, the
            status of freedom of the press, and of the ability of the press
            to broadcast debate from within the Legislative Council and
            about the activities of the Legislative Council.''.

    [[Page 113 STAT. 1501A-470]]

    SEC. 805. REPORT ON TERRORIST ACTIVITY IN WHICH UNITED STATES CITIZENS
                WERE KILLED AND RELATED MATTERS.

        (a) In General.--Not later than 6 months after the date of enactment
    of this Act and every 6 months thereafter until October 1, 2001, the
    Secretary of State shall prepare and submit a report, with a classified
    annex as necessary, to the appropriate congressional committees
    regarding terrorist attacks in Israel, in territory administered by
    Israel, and in territory administered by the Palestinian Authority. The
    report shall contain the following information:
                (1) A list of formal commitments the Palestinian Authority
            has made to combat terrorism.
                (2) A list of terrorist attacks, occurring between September
            13, 1993 and the date of the report, against United States
            citizens in Israel, in territory administered by Israel, or in
            territory administered by the Palestinian Authority, including--
                        (A) a list of all citizens of the United States
                    killed or injured in such attacks;
                        (B) the date of each attack and the total number of
                    people killed or injured in each attack;
                        (C) the person or group claiming responsibility for
                    the attack and where such person or group has found
                    refuge or support;
                        (D) a list of suspects implicated in each attack and
                    the nationality of each suspect, including information
                    on--
                              (i) which suspects are in the custody of the
                          Palestinian Authority and which suspects are in
                          the custody of Israel;
                              (ii) which suspects are still at large in
                          areas controlled by the Palestinian Authority or
                          Israel; and
                              (iii) the whereabouts (or suspected
                          whereabouts) of suspects implicated in each
                          attack.
                (3) Of the suspects implicated in the attacks described in
            paragraph (2) and detained by Palestinian or Israeli
            authorities, information on--
                        (A) the date each suspect was incarcerated;
                        (B) whether any suspects have been released, the
                    date of such release, and whether any released suspect
                    was implicated in subsequent acts of terrorism; and
                        (C) the status of each case pending against a
                    suspect, including information on whether the suspect
                    has been indicted, prosecuted, or convicted by the
                    Palestinian Authority or Israel.
                (4) The policy of the Department of State with respect to
            offering rewards for information on terrorist suspects,
            including any information on whether a reward has been posted
            for suspects involved in terrorist attacks listed in the report.
                (5) A list of each request by the United States for
            assistance in investigating terrorist attacks listed in the
            report, a list of each request by the United States for the
            transfer of terrorist suspects from the Palestinian Authority
            and Israel since September 13, 1993, and the response to each
            request from the Palestinian Authority and Israel.
                (6) A description of efforts made by United States officials
            since September 13, 1993 to bring to justice perpetrators of
            terrorist acts against United States citizens as listed in the
            report.

    [[Page 113 STAT. 1501A-471]]

                (7) A list of any terrorist suspects in these cases who are
            members of Palestinian police or security forces, the Palestine
            Liberation Organization, or any Palestinian governing body.
                (8) A list of all United States citizens killed or injured
            in terrorist attacks in Israel or in territory administered by
            Israel between 1950 and September 13, 1993, to include in each
            case, where such information is reasonably available, any stated
            claim of responsibility and the resolution or disposition of
            each case, except that this list shall be submitted only once
            with the initial report required under this section unless
            additional relevant information on these cases becomes
            available.

        (b) Consultation with Other Departments.--The Secretary of State
    shall, in preparing the report required by this section, consult and
    coordinate with all other Government officials who have information
    necessary to complete the report. Nothing contained in this section
    shall require the disclosure, on a classified or unclassified basis, of
    information that would jeopardize sensitive sources and methods or other
    vital national security interests or jeopardize ongoing criminal
    investigations or proceedings.
        (c) Initial Report.--Except as provided in subsection (a)(8), the
    initial report filed under this section shall cover the period between
    September 13, 1993 and the date of the report.

    SEC. 806. ANNUAL REPORTING ON WAR CRIMES, CRIMES AGAINST HUMANITY, AND
                GENOCIDE.

        (a) Section 116 of Foreign Assistance Act of 1961.--Section 116(d)
    of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended--
                (1) in paragraph (6), by striking ``and'' at the end;
                (2) in paragraph (7), by striking the period at the end and
            inserting ``and''; and
                (3) by adding at the end the following:
                ``(8) wherever applicable, consolidated information
            regarding the commission of war crimes, crimes against humanity,
            and evidence of acts that may constitute genocide (as defined in
            article 2 of the Convention on the Prevention and Punishment of
            the Crime of Genocide and modified by the United States
            instrument of ratification to that convention and section 2(a)
            of the Genocide Convention Implementation Act of 1987).''.

        (b) Section 502B of the Foreign Assistance Act of 1961.--Section
    502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(b)) is
    amended by inserting after the first sentence the following: ``Wherever
    applicable, such report shall include consolidated information regarding
    the commission of war crimes, crimes against humanity, and evidence of
    acts that may constitute genocide (as defined in article 2 of the
    Convention on the Prevention and Punishment of the Crime of Genocide and
    modified by the United States instrument of ratification to that
    convention and section 2(a) of the Genocide Convention Implementation
    Act of 1987).''.

    [[Page 113 STAT. 1501A-472]]

                    Subtitle B--North Korea Threat Reduction

    SEC. 821. SHORT TITLE.

        This subtitle may be cited as the ``North Korea Threat Reduction Act
    of 1999''.

    SEC. 822. RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH KOREA.

        (a) In General.--Notwithstanding any other provision of law or any
    international agreement, no agreement for cooperation (as defined in
    sec. 11 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2014 b.)) between
    the United States and North Korea may become effective, no license may
    be issued for export directly or indirectly to North Korea of any
    nuclear material, facilities, components, or other goods, services, or
    technology that would be subject to such agreement, and no approval may
    be given for the transfer or retransfer directly or indirectly to North
    Korea of any nuclear material, facilities, components, or other goods,
    services, or technology that would be subject to such agreement, until
    the President determines and reports to the Committee on International
    Relations of the House of Representatives and the Committee on Foreign
    Relations of the Senate that--
                (1) North Korea has come into full compliance with its
            safeguards agreement with the IAEA (INFCIRC/403), and has taken
            all steps that have been deemed necessary by the IAEA in this
            regard;
                (2) North Korea has permitted the IAEA full access to all
            additional sites and all information (including historical
            records) deemed necessary by the IAEA to verify the accuracy and
            completeness of North Korea's initial report of May 4, 1992, to
            the IAEA on all nuclear sites and material in North Korea;
                (3) North Korea is in full compliance with its obligations
            under the Agreed Framework;
                (4) North Korea has consistently taken steps to implement
            the Joint Declaration on Denuclearization, and is in full
            compliance with its obligations under numbered paragraphs 1, 2,
            and 3 of the Joint Declaration on Denuclearization (excluding in
            the case of numbered paragraph 3 facilities frozen pursuant to
            the Agreed Framework);
                (5) North Korea does not have uranium enrichment or nuclear
            reprocessing facilities (excluding facilities frozen pursuant to
            the Agreed Framework), and is making no significant progress
            toward acquiring or developing such facilities;
                (6) North Korea does not have nuclear weapons and is making
            no significant effort to acquire, develop, test, produce, or
            deploy such weapons; and
                (7) the transfer to North Korea of key nuclear components,
            under the proposed agreement for cooperation with North Korea
            and in accordance with the Agreed Framework, is in the national
            interest of the United States.

        (b) Construction.--The restrictions contained in subsection (a)
    shall apply in addition to all other applicable procedures,
    requirements, and restrictions contained in the Atomic Energy Act of
    1954 and other laws.

    [[Page 113 STAT. 1501A-473]]

    SEC. 823. DEFINITIONS.

        In this subtitle:
                (1) Agreed framework.--The term ``Agreed Framework'' means
            the ``Agreed Framework Between the United States of America and
            the Democratic People's Republic of Korea'', signed in Geneva on
            October 21, 1994, and the Confidential Minute to that Agreement.
                (2) IAEA.--The term ``IAEA'' means the International Atomic
            Energy Agency.
                (3) North korea.--The term ``North Korea'' means the
            Democratic People's Republic of Korea.
                (4) Joint declaration on denuclearization.--The term ``Joint
            Declaration on Denuclearization'' means the Joint Declaration on
            the Denuclearization of the Korean Peninsula, issued by the
            Republic of Korea and the Democratic People's Republic of Korea
            on January 1, 1992.

                     Subtitle C--People's Republic of China

    SEC. 871. FINDINGS.

        Congress makes the following findings:
                (1) Congress concurs in the conclusions of the Department of
            State, as set forth in the Country Reports on Human Rights
            Practices for 1998, on human rights in the People's Republic of
            China in 1998 as follows:
                        (A) ``The People's Republic of China (PRC) is an
                    authoritarian state in which the Chinese Communist Party
                    (CCP) is the paramount source of power. . . . Citizens
                    lack both the freedom peacefully to express opposition
                    to the party-led political system and the right to
                    change their national leaders or form of government.''.
                        (B) ``The Government continued to commit widespread
                    and well-documented human rights abuses, in violation of
                    internationally accepted norms. These abuses stemmed
                    from the authorities' very limited tolerance of public
                    dissent aimed at the Government, fear of unrest, and the
                    limited scope or inadequate implementation of laws
                    protecting basic freedoms.''.
                        (C) ``Abuses included instances of extrajudicial
                    killings, torture and mistreatment of prisoners, forced
                    confessions, arbitrary arrest and detention, lengthy
                    incommunicado detention, and denial of due process.''.
                        (D) ``Prison conditions at most facilities remained
                    harsh. . . . The Government infringed on citizens'
                    privacy rights. The Government continued restrictions on
                    freedom of speech and of the press, and tightened these
                    toward the end of the year. The Government severely
                    restricted freedom of assembly, and continued to
                    restrict freedom of association, religion, and
                    movement.''.
                        (E) ``Discrimination against women, minorities, and
                    the disabled; violence against women, including coercive
                    family planning practices--which sometimes include
                    forced abortion and forced sterilization; prostitution,
                    trafficking in women and children, and the abuse of
                    children all are problems.''.

    [[Page 113 STAT. 1501A-474]]

                        (F) ``The Government continued to restrict tightly
                    worker rights, and forced labor remains a problem.''.
                        (G) ``Serious human rights abuses persisted in
                    minority areas, including Tibet and Xinjiang, where
                    restrictions on religion and other fundamental freedoms
                    intensified.''.
                        (H) ``Unapproved religious groups, including
                    Protestant and Catholic groups, continued to experience
                    varying degrees of official interference and
                    repression.''.
                        (I) ``Although the Government denies that it holds
                    political or religious prisoners, and argues that all
                    those in prison are legitimately serving sentences for
                    crimes under the law, an unknown number of persons,
                    estimated at several thousand, are detained in violation
                    of international human rights instruments for peacefully
                    expressing their political, religious, or social
                    views.''.
                (2) In addition to the State Department, credible press
            reports and human rights organizations have documented an
            intense crackdown on political activists by the Government of
            the People's Republic of China, involving the harassment,
            detainment, arrest, and imprisonment of dozens of activists.
                (3) The People's Republic of China, as a member of the
            United Nations, is expected to abide by the provisions of the
            Universal Declaration of Human Rights.
                (4) The People's Republic of China is a party to numerous
            international human rights conventions, including the Convention
            Against Torture and Other Cruel, Inhuman or Degrading Treatment
            or Punishment, and is a signatory to the International Covenant
            on Civil and Political Rights and the Covenant on Economic,
            Social, and Cultural Rights.

    SEC. 872. FUNDING FOR ADDITIONAL PERSONNEL AT DIPLOMATIC POSTS TO REPORT
                ON POLITICAL, ECONOMIC, AND HUMAN RIGHTS MATTERS IN THE
                PEOPLE'S REPUBLIC OF CHINA.

        Of the amounts authorized to be appropriated for the Department of
    State by this Act, $2,200,000 for fiscal year 2000 and $2,200,000 for
    fiscal year 2001 shall be made available only to support additional
    personnel in the United States Embassies in Beijing and Kathmandu, as
    well as the American consulates in Guangzhou, Shanghai, Shenyang,
    Chengdu, and Hong Kong, in order to monitor political and social
    conditions, with particular emphasis on respect for, and violations of,
    internationally recognized human rights, in the People's Republic of
    China.

    SEC. 873. PRISONER INFORMATION REGISTRY FOR THE PEOPLE'S REPUBLIC OF
                CHINA.

        (a) Requirement.--The Secretary of State shall establish and
    maintain a registry which shall, to the extent practicable, provide
    information on all political prisoners, prisoners of conscience, and
    prisoners of faith in the People's Republic of China. The registry shall
    be known as the ``Prisoner Information Registry for the People's
    Republic of China''.
        (b) Information in Registry.--The registry required by subsection
    (a) shall include information on the charges, judicial processes,
    administrative actions, uses of forced labor, incidents of torture,
    lengths of imprisonment, physical and health conditions, and other
    matters associated with the incarceration of prisoners in the People's
    Republic of China referred to in that subsection.

    [[Page 113 STAT. 1501A-475]]

        (c) Availability of Funds.--The Secretary may make a grant to
    nongovernmental organizations currently engaged in monitoring activities
    regarding political prisoners in the People's Republic of China in order
    to assist in the establishment and maintenance of the registry required
    by subsection (a).

                      TITLE IX--ARREARS PAYMENTS AND REFORM

                         Subtitle A--General Provisions

    SEC. 901. SHORT TITLE.

        This title may be cited as the ``United Nations Reform Act of
    1999''.

    SEC. 902. DEFINITIONS.

        In this title:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means the Committee on
            Foreign Relations and the Committee on Appropriations of the
            Senate and the Committee on International Relations and the
            Committee on Appropriations of the House of Representatives.
                (2) Designated specialized agency defined.--The term
            ``designated specialized agency'' means the International Labor
            Organization, the World Health Organization, and the Food and
            Agriculture Organization.
                (3) General assembly.--The term ``General Assembly'' means
            the General Assembly of the United Nations.
                (4) Secretary general.--The term ``Secretary General'' means
            the Secretary General of the United Nations.
                (5) Security council.--The term ``Security Council'' means
            the Security Council of the United Nations.
                (6) United nations member.--The term ``United Nations
            member'' means any country that is a member of the United
            Nations.
                (7) United nations peacekeeping operation.--The term
            ``United Nations peacekeeping operation'' means any United
            Nations-led operation to maintain or restore international peace
            or security that--
                        (A) is authorized by the Security Council; and
                        (B) is paid for from assessed contributions of
                    United Nations members that are made available for
                    peacekeeping activities.

                  Subtitle B--Arrearages to the United Nations

     CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS; OBLIGATION AND EXPENDITURE
                                    OF FUNDS

    SEC. 911. AUTHORIZATION OF APPROPRIATIONS.

        (a) Authorization.--
                (1) Fiscal year 1998.--

    [[Page 113 STAT. 1501A-476]]

                        (A) Regular assessments.--Amounts appropriated by
                    title IV of the Departments of Commerce, Justice, and
                    State, the Judiciary, and Related Agencies
                    Appropriations Act, 1998 (Public Law 105-119), under the
                    heading ``Contributions to International
                    Organizations'', are hereby authorized to be
                    appropriated and shall be available for obligation and
                    expenditure subject to the provisions of this title.
                        (B) Peacekeeping assessments.--Amounts appropriated
                    by title IV of the Departments of Commerce, Justice, and
                    State, the Judiciary, and Related Agencies
                    Appropriations Act, 1998 (Public Law 105-119), under the
                    heading ``Contributions for International Peacekeeping
                    Activities'', are hereby authorized to be appropriated
                    and shall be available for obligation and expenditure
                    subject to the provisions of this title.
                (2) Fiscal year 1999.--Amounts appropriated under the
            heading ``Arrearage Payments'' in title IV of the Commerce,
            Justice, and State, the Judiciary, and Related Agencies
            Appropriations Act, 1999 (as contained in section 101(b) of
            division A of the Omnibus Consolidated and Emergency
            Supplemental Appropriations Act, 1999; Public Law 105-277), are
            hereby authorized to be appropriated and shall be available for
            obligation and expenditure subject to the provisions of this
            title.
                (3) Fiscal year 2000.--There are authorized to be
            appropriated to the Department of State for payment of
            arrearages owed by the United States described in subsection (b)
            as of September 30, 1997, $244,000,000 for fiscal year 2000.
            Amounts appropriated pursuant to this paragraph shall be
            available for obligation and expenditure subject to the
            provisions of this title.

        (b) Limitation.--Amounts made available under subsection (a) are
    authorized to be available only--
                (1) to pay the United States share of assessments for the
            regular budget of the United Nations;
                (2) to pay the United States share of United Nations
            peacekeeping operations;
                (3) to pay the United States share of United Nations
            specialized agencies; and
                (4) to pay the United States share of other international
            organizations.

        (c) Availability of Funds.--Amounts appropriated pursuant to
    subsection (a) are authorized to remain available until expended.
        (d) Statutory Construction.--For purposes of payments made using
    funds made available under subsection (a), section 404(b)(2) of the
    Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
    Law 103-236) shall not apply to United Nations peacekeeping operation
    assessments received by the United States prior to October 1, 1995.

    SEC. 912. OBLIGATION AND EXPENDITURE OF FUNDS.

        (a) In General.--Funds made available pursuant to section 911 may be
    obligated and expended only if the requirements of subsections (b) and
    (c) of this section are satisfied.
        (b) Obligation and Expenditure Upon Satisfaction of Certification
    Requirements.--Subject to subsections (e) and (f), funds made available
    pursuant to section 911 may be obligated and

    [[Page 113 STAT. 1501A-477]]

    expended only in the following allotments and upon the following
    certifications:
                (1) Amounts made available for fiscal year 1998, upon the
            certification described in section 921.
                (2) Amounts made available for fiscal year 1999, upon the
            certification described in section 931.
                (3) Amounts authorized to be appropriated for fiscal year
            2000, upon the certification described in section 941.

        (c) Advance Congressional Notification.--Funds made available
    pursuant to section 911 may be obligated and expended only if the
    appropriate certification has been submitted to the appropriate
    congressional committees 30 days prior to the payment of the funds.
        (d) Transmittal of Certifications.--Certifications made under this
    chapter shall be transmitted by the Secretary of State to the
    appropriate congressional committees.
        (e) Waiver Authority With Respect to Fiscal Year 1999 Funds.--
                (1) In general.--Subject to paragraph (3) and
            notwithstanding subsection (b), funds made available under
            section 911 for fiscal year 1999 may be obligated or expended
            pursuant to subsection (b)(2) even if the Secretary of State
            cannot certify that the condition described in section 931(b)(1)
            has been satisfied.
                (2) Requirements.--
                        (A) In general.--The authority to waive the
                    condition described in paragraph (1) of this subsection
                    may be exercised only if the Secretary of State--
                              (i) determines that substantial progress
                          towards satisfying the condition has been made and
                          that the expenditure of funds pursuant to that
                          paragraph is important to the interests of the
                          United States; and
                              (ii) has notified, and consulted with, the
                          appropriate congressional committees prior to
                          exercising the authority.
                        (B) Effect on subsequent certification.--If the
                    Secretary of State exercises the authority of paragraph
                    (1), the condition described in that paragraph shall be
                    deemed to have been satisfied for purposes of making any
                    certification under section 941.
                (3) Additional requirement.--If the authority to waive a
            condition under paragraph (1)(A) is exercised, the Secretary of
            State shall notify the United Nations that the Congress does not
            consider the United States obligated to pay, and does not intend
            to pay, arrearages that have not been included in the contested
            arrearages account or other mechanism described in section
            931(b)(1).

        (f) Waiver Authority With Respect to Fiscal Year 2000 Funds.--
                (1) In general.--Subject to paragraph (2) and
            notwithstanding subsection (b), funds made available under
            section 911 for fiscal year 2000 may be obligated or expended
            pursuant to subsection (b)(3) even if the Secretary of State
            cannot certify that the condition described in paragraph (1) of
            section 941(b) has been satisfied.
                (2) Requirements.--

    [[Page 113 STAT. 1501A-478]]

                        (A) In general.--The authority to waive a condition
                    under paragraph (1) may be exercised only if the
                    Secretary of State has notified, and consulted with, the
                    appropriate congressional committees prior to exercising
                    the authority.
                        (B) Effect on subsequent certification.--If the
                    Secretary of State exercises the authority of paragraph
                    (1) with respect to a condition, such condition shall be
                    deemed to have been satisfied for purposes of making any
                    certification under section 941.

    SEC. 913. FORGIVENESS OF AMOUNTS OWED BY THE UNITED NATIONS TO THE
                UNITED STATES.

        (a) Forgiveness of Indebtedness.--Subject to subsection (b), the
    President is authorized to forgive or reduce any amount owed by the
    United Nations to the United States as a reimbursement, including any
    reimbursement payable under the Foreign Assistance Act of 1961 or the
    United Nations Participation Act of 1945.
        (b) Limitations.--
                (1) Total amount.--The total of amounts forgiven or reduced
            under subsection (a) may not exceed $107,000,000.
                (2) Relation to united states arrearages.--Amounts shall be
            forgiven or reduced under this section only to the same extent
            as the United Nations forgives or reduces amounts owed by the
            United States to the United Nations as of September 30, 1997.

        (c) Requirements.--The authority in subsection (a) shall be
    available only to the extent and in the amounts provided in advance in
    appropriations Acts.
        (d) Congressional Notification.--Before exercising any authority in
    subsection (a), the President shall notify the appropriate congressional
    committees in accordance with the same procedures as are applicable to
    reprogramming notifications under section 634A of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2394-1).
        (e) Effective Date.--This section shall take effect on the date a
    certification is transmitted to the appropriate congressional committees
    under section 931.

                      CHAPTER 2--UNITED STATES SOVEREIGNTY

    SEC. 921. CERTIFICATION REQUIREMENTS.

        (a) Contents of Certification.--A certification described in this
    section is a certification by the Secretary of State that the following
    conditions are satisfied:
                (1) Supremacy of the united states constitution.--No action
            has been taken by the United Nations or any of its specialized
            or affiliated agencies that requires the United States to
            violate the United States Constitution or any law of the United
            States.
                (2) No united nations sovereignty.--Neither the United
            Nations nor any of its specialized or affiliated agencies--
                        (A) has exercised sovereignty over the United
                    States; or
                        (B) has taken any steps that require the United
                    States to cede sovereignty.
                (3) No united nations taxation.--

    [[Page 113 STAT. 1501A-479]]

                        (A) No legal authority.--Except as provided in
                    subparagraph (D), neither the United Nations nor any of
                    its specialized or affiliated agencies has the authority
                    under United States law to impose taxes or fees on
                    United States nationals.
                        (B) No taxes or fees.--Except as provided in
                    subparagraph (D), a tax or fee has not been imposed on
                    any United States national by the United Nations or any
                    of its specialized or affiliated agencies.
                        (C) No taxation proposals.--Except as provided in
                    subparagraph (D), neither the United Nations nor any of
                    its specialized or affiliated agencies has, on or after
                    October 1, 1996, officially approved any formal effort
                    to develop, advocate, or promote any proposal concerning
                    the imposition of a tax or fee on any United States
                    national in order to raise revenue for the United
                    Nations or any such agency.
                        (D) Exception.--This paragraph does not apply to--
                              (i) fees for publications or other kinds of
                          fees that are not tantamount to a tax on United
                          States citizens;
                              (ii) the World Intellectual Property
                          Organization; or
                              (iii) the staff assessment costs of the United
                          Nations and its specialized or affiliated
                          agencies.
                (4) No standing army.--The United Nations has not, on or
            after October 1, 1996, budgeted any funds for, nor taken any
            official steps to develop, create, or establish any special
            agreement under Article 43 of the United Nations Charter to make
            available to the United Nations, on its call, the armed forces
            of any member of the United Nations.
                (5) No interest fees.--The United Nations has not, on or
            after October 1, 1996, levied interest penalties against the
            United States or any interest on arrearages on the annual
            assessment of the United States, and neither the United Nations
            nor its specialized agencies have, on or after October 1, 1996,
            amended their financial regulations or taken any other action
            that would permit interest penalties to be levied against the
            United States or otherwise charge the United States any interest
            on arrearages on its annual assessment.
                (6) United states real property rights.--Neither the United
            Nations nor any of its specialized or affiliated agencies has
            exercised authority or control over any United States national
            park, wildlife preserve, monument, or real property, nor has the
            United Nations nor any of its specialized or affiliated agencies
            implemented plans, regulations, programs, or agreements that
            exercise control or authority over the private real property of
            United States citizens located in the United States without the
            approval of the property owner.
                (7) Termination of borrowing authority.--
                        (A) Prohibition on authorization of external
                    borrowing.--On or after the date of enactment of this
                    Act, neither the United Nations nor any specialized
                    agency of the United Nations has amended its financial
                    regulations to permit external borrowing.
                        (B) Prohibition of united states payment of interest
                    costs.--The United States has not, on or after October
                    1, 1984, paid its share of any interest costs made

    [[Page 113 STAT. 1501A-480]]

                    known to or identified by the United States Government
                    for loans incurred, on or after October 1, 1984, by the
                    United Nations or any specialized agency of the United
                    Nations through external borrowing.

        (b) Transmittal.--The Secretary of State may transmit a
    certification under subsection (a) at any time during fiscal year 1998
    or thereafter if the requirements of the certification are satisfied.

        CHAPTER 3--REFORM OF ASSESSMENTS AND UNITED NATIONS PEACEKEEPING
                                   OPERATIONS

    SEC. 931. CERTIFICATION REQUIREMENTS.

        (a) In General.--A certification described in this section is a
    certification by the Secretary of State that the conditions in
    subsection (b) are satisfied. Such certification shall not be made by
    the Secretary if the Secretary determines that any of the conditions set
    forth in section 921 are no longer satisfied.
        (b) Conditions.--The conditions under this subsection are the
    following:
                (1) Contested arrearages.--The United Nations has
            established an account or other appropriate mechanism with
            respect to all United States arrearages incurred before the date
            of enactment of this Act with respect to which payments are not
            authorized by this Act, and the failure to pay amounts specified
            in the account does not affect the application of Article 19 of
            the Charter of the United Nations. The account established under
            this paragraph may be referred to as the ``contested arrearages
            account''.
                (2) Limitation on assessed share of budget for united
            nations peacekeeping operations.--The assessed share of the
            budget for each assessed United Nations peacekeeping operation
            does not exceed 25 percent for any single United Nations member.
                (3) Limitation on assessed share of regular budget.--The
            share of the total of all assessed contributions for the regular
            budget of the United Nations does not exceed 22 percent for any
            single United Nations member.

                     CHAPTER 4--BUDGET AND PERSONNEL REFORM

    SEC. 941. CERTIFICATION REQUIREMENTS.

        (a) In General.--
                (1) In general.--Except as provided in paragraph (2), a
            certification described in this section is a certification by
            the Secretary of State that the conditions in subsection (b) are
            satisfied.
                (2) Specified certification.--A certification described in
            this section is also a certification that, with respect to the
            United Nations or a particular designated specialized agency,
            the conditions in subsection (b)(4) applicable to that
            organization are satisfied, regardless of whether the conditions
            in subsection (b)(4) applicable to any other organization are
            satisfied, if the other conditions in subsection (b) are
            satisfied.
                (3) Effect of specified certification.--Funds made available
            under section 912(b)(3) upon a certification made under this
            section with respect to the United Nations or a particular
            designated specialized agency shall be limited to

    [[Page 113 STAT. 1501A-481]]

            that portion of the funds available under that section that is
            allocated for the organization with respect to which the
            certification is made and for any other organization to which
            none of the conditions in subsection (b) apply.
                (4) Limitation.--A certification described in this section
            shall not be made by the Secretary if the Secretary determines
            that any of the conditions set forth in sections 921 and 931 are
            no longer satisfied.

        (b) Conditions.--The conditions under this subsection are the
    following:
                (1) Limitation on assessed share of regular budget.--The
            share of the total of all assessed contributions for the regular
            budget of the United Nations, or any designated specialized
            agency of the United Nations, does not exceed 20 percent for any
            single United Nations member.
                (2) Inspectors general for certain organizations.--
                        (A) Establishment of offices.--Each designated
                    specialized agency has established an independent office
                    of inspector general to conduct and supervise objective
                    audits, inspections, and investigations relating to the
                    programs and operations of the organization.
                        (B) Appointment of inspectors general.--The Director
                    General of each designated specialized agency has
                    appointed an inspector general, with the approval of the
                    member states, and that appointment was made principally
                    on the basis of the appointee's integrity and
                    demonstrated ability in accounting, auditing, financial
                    analysis, law, management analysis, public
                    administration, or investigations.
                        (C) Assigned functions.--Each inspector general
                    appointed under subparagraph (A) is authorized to--
                              (i) make investigations and reports relating
                          to the administration of the programs and
                          operations of the agency concerned;
                              (ii) have access to all records, documents,
                          and other available materials relating to those
                          programs and operations of the agency concerned;
                          and
                              (iii) have direct and prompt access to any
                          official of the agency concerned.
                        (D) Complaints.--Each designated specialized agency
                    has procedures in place designed to protect the identity
                    of, and to prevent reprisals against, any staff member
                    making a complaint or disclosing information to, or
                    cooperating in any investigation or inspection by, the
                    inspector general of the agency.
                        (E) Compliance with recommendations.--Each
                    designated specialized agency has in place procedures
                    designed to ensure compliance with the recommendations
                    of the inspector general of the agency.
                        (F) Availability of reports.--Each designated
                    specialized agency has in place procedures to ensure
                    that all annual and other relevant reports submitted by
                    the inspector general to the agency are made available
                    to the member states without modification except to the
                    extent necessary to protect the privacy rights of
                    individuals.

    [[Page 113 STAT. 1501A-482]]

                (3) New budget procedures for the united nations.--The
            United Nations has established and is implementing budget
            procedures that--
                        (A) require the maintenance of a budget not in
                    excess of the level agreed to by the General Assembly at
                    the beginning of each United Nations budgetary biennium,
                    unless increases are agreed to by consensus; and
                        (B) require the system-wide identification of
                    expenditures by functional categories such as personnel,
                    travel, and equipment.
                (4) Sunset policy for certain united nations programs.--
                        (A) Existing authority.--The Secretary General and
                    the Director General of each designated specialized
                    agency have used their existing authorities to require
                    program managers within the United Nations Secretariat
                    and the Secretariats of the designated specialized
                    agencies to conduct evaluations of United Nations
                    programs approved by the General Assembly, and of
                    programs of the designated specialized agencies, in
                    accordance with the standardized methodology referred to
                    in subparagraph (B).
                        (B) Development of evaluation criteria.--
                              (i) United nations.--The Office of Internal
                          Oversight Services has developed a standardized
                          methodology for the evaluation of United Nations
                          programs approved by the General Assembly,
                          including specific criteria for determining the
                          continuing relevance and effectiveness of the
                          programs.
                              (ii) Designated specialized agencies.--
                          Patterned on the work of the Office of Internal
                          Oversight Services of the United Nations, each
                          designated specialized agency has developed a
                          standardized methodology for the evaluation of the
                          programs of the agency, including specific
                          criteria for determining the continuing relevance
                          and effectiveness of the programs.
                        (C) Procedures.--Consistent with the July 16, 1997,
                    recommendations of the Secretary General regarding a
                    sunset policy and results-based budgeting for United
                    Nations programs, the United Nations and each designated
                    specialized agency has established and is implementing
                    procedures--
                              (i) requiring the Secretary General or the
                          Director General of the agency, as the case may
                          be, to report on the results of evaluations
                          referred to in this paragraph, including the
                          identification of programs that have met criteria
                          for continuing relevance and effectiveness and
                          proposals to terminate or modify programs that
                          have not met such criteria; and
                              (ii) authorizing an appropriate body within
                          the United Nations or the agency, as the case may
                          be, to review each evaluation referred to in this
                          paragraph and report to the General Assembly on
                          means of improving the program concerned or on
                          terminating the program.
                        (D) United states policy.--It shall be the policy of
                    the United States to seek adoption by the United Nations
                    of a resolution requiring that each United Nations
                    program

    [[Page 113 STAT. 1501A-483]]

                    approved by the General Assembly, and to seek adoption
                    by each designated specialized agency of a resolution
                    requiring that each program of the agency, be subject to
                    an evaluation referred to in this paragraph and have a
                    specific termination date so that the program will not
                    be renewed unless the evaluation demonstrates the
                    continuing relevance and effectiveness of the program.
                        (E) Definition.--For purposes of this paragraph, the
                    term ``United Nations program approved by the General
                    Assembly'' means a program approved by the General
                    Assembly of the United Nations which is administered or
                    funded by the United Nations.
                (5) United nations advisory committee on administrative and
            budgetary questions.--
                        (A) In general.--The United States has a seat on the
                    United Nations Advisory Committee on Administrative and
                    Budgetary Questions or the five largest member
                    contributors each have a seat on the Advisory Committee.
                        (B) Definition.--As used in this paragraph, the term
                    ``5 largest member contributors'' means the 5 United
                    Nations member states that, during a United Nations
                    budgetary biennium, have more total assessed
                    contributions than any other United Nations member state
                    to the aggregate of the United Nations regular budget
                    and the budget (or budgets) for United Nations
                    peacekeeping operations.
                (6) Access by the general accounting office.--The United
            Nations has in effect procedures providing access by the United
            States General Accounting Office to United Nations financial
            data to assist the Office in performing nationally mandated
            reviews of United Nations operations.
                (7) Personnel.--
                        (A) Appointment and service of personnel.--The
                    Secretary General--
                              (i) has established and is implementing
                          procedures that ensure that staff employed by the
                          United Nations is appointed on the basis of merit
                          consistent with Article 101 of the United Nations
                          Charter; and
                              (ii) is enforcing those contractual
                          obligations requiring worldwide availability of
                          all professional staff of the United Nations to
                          serve and be relocated based on the needs of the
                          United Nations.
                        (B) Code of conduct.--The General Assembly has
                    adopted, and the Secretary General has the authority to
                    enforce and is effectively enforcing, a code of conduct
                    binding on all United Nations personnel, including the
                    requirement of financial disclosure statements binding
                    on senior United Nations personnel and the establishment
                    of rules against nepotism that are binding on all United
                    Nations personnel.
                        (C) Personnel evaluation system.--The United Nations
                    has adopted and is enforcing a personnel evaluation
                    system.
                        (D) Periodic assessments.--The United Nations has
                    established and is implementing a mechanism to conduct
                    periodic assessments of the United Nations payroll to
                    determine total staffing, and the results of such
                    assessments

    [[Page 113 STAT. 1501A-484]]

                    are reported in an unabridged form to the General
                    Assembly.
                        (E) Review of united nations allowance system.--The
                    United States has completed a thorough review of the
                    United Nations personnel allowance system. The review
                    shall include a comparison of that system with the
                    United States civil service system, and shall make
                    recommendations to reduce entitlements to allowances and
                    allowance funding levels from the levels in effect on
                    January 1, 1998.
                (8) Reduction in budget authorities.--The designated
            specialized agencies have achieved zero nominal growth in their
            biennium budgets for 2000-01 from the 1998-99 biennium budget
            levels of the respective agencies.
                (9) New budget procedures and financial regulations.--Each
            designated specialized agency has established procedures to--
                        (A) require the maintenance of a budget that does
                    not exceed the level agreed to by the member states of
                    the organization at the beginning of each budgetary
                    biennium, unless increases are agreed to by consensus;
                        (B) require the identification of expenditures by
                    functional categories such as personnel, travel, and
                    equipment; and
                        (C) require approval by the member states of the
                    agency's supplemental budget requests to the Secretariat
                    in advance of expenditures under those requests.
                (10) Limitation on assessed share of regular budget for the
            designated specialized agencies.--The share of the total of all
            assessed contributions for any designated specialized agency
            does not exceed 22 percent for any single member of the agency.

                      Subtitle C--Miscellaneous Provisions

    SEC. 951. STATUTORY CONSTRUCTION ON RELATION TO EXISTING LAWS.

        Except as otherwise specifically provided, nothing in this title may
    be construed to make available funds in violation of any provision of
    law containing a specific prohibition or restriction on the use of the
    funds, including section 114 of the Department of State Authorization
    Act, Fiscal Years 1984 and 1985 (Public Law 98-164; 22 U.S.C. 287e
    note), section 151 of the Foreign Relations Authorization Act, Fiscal
    Years 1986 and 1987 (Public Law 99-93; 22 U.S.C. 287e note), and section
    404 of the Foreign Relations Authorization Act, Fiscal Years 1994 and
    1995 (Public Law 103-236; 22 U.S.C. 287e note).

    SEC. 952. PROHIBITION ON PAYMENTS RELATING TO UNIDO AND OTHER
                INTERNATIONAL ORGANIZATIONS FROM WHICH THE UNITED STATES HAS
                WITHDRAWN OR RESCINDED FUNDING.

        None of the funds authorized to be appropriated by this title shall
    be used to pay any arrearage for--
                (1) the United Nations Industrial Development Organization;

    [[Page 113 STAT. 1501A-485]]

                (2) any costs to merge that organization into the United
            Nations;
                (3) the costs associated with any other organization of the
            United Nations from which the United States has withdrawn
            including the costs of the merger of such organization into the
            United Nations; or
                (4) the World Tourism Organization, or any other
            international organization with respect to which Congress has
            rescinded funding.

      DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE
                                   PROVISIONS

    SEC. 1001. SHORT TITLE.

        This division may be cited as the ``Arms Control, Nonproliferation,
    and Security Assistance Act of 1999''.

                   TITLE XI--ARMS CONTROL AND NONPROLIFERATION

    SEC. 1101. SHORT TITLE.

        This title may be cited as the ``Arms Control and Nonproliferation
    Act of 1999''.

    SEC. 1102. DEFINITIONS.

        In this title:
                (1) Appropriate committees of congress.--The term
            ``appropriate committees of Congress'' means the Committee on
            International Relations and the Permanent Select Committee on
            Intelligence of the House of Representatives and the Committee
            on Foreign Relations and the Select Committee on Intelligence of
            the Senate.
                (2) Assistant secretary.--The term ``Assistant Secretary''
            means the position of Assistant Secretary of State for
            Verification and Compliance designated under section 1112.
                (3) Executive agency.--The term ``Executive agency'' has the
            meaning given the term in section 105 of title 5, United States
            Code.
                (4) Intelligence community.--The term ``intelligence
            community'' has the meaning given the term in section 3(4) of
            the National Security Act of 1947 (50 U.S.C. 401a(4)).
                (5) START treaty or treaty.--The term ``START Treaty'' or
            ``Treaty'' means the Treaty With the Union of Soviet Socialist
            Republics on the Reduction and Limitation of Strategic Offensive
            Arms, including all agreed statements, annexes, protocols, and
            memoranda, signed at Moscow on July 31, 1991.
                (6) START ii treaty.--The term ``START II Treaty'' means the
            Treaty Between the United States of America and the Russian
            Federation on Further Reduction and Limitation of Strategic
            Offensive Arms, and related protocols and memorandum of
            understanding, signed at Moscow on January 3, 1993.

    [[Page 113 STAT. 1501A-486]]

                            Subtitle A--Arms Control

       CHAPTER 1--EFFECTIVE VERIFICATION OF COMPLIANCE WITH ARMS CONTROL
                                   AGREEMENTS

    SEC. 1111. KEY VERIFICATION ASSETS FUND.

        (a) In General.--The Secretary of State is authorized to transfer
    funds available to the Department of State under this section to the
    Department of Defense, the Department of Energy, or any agency, entity,
    or component of the intelligence community, as needed, for retaining,
    researching, developing, or acquiring technologies or programs relating
    to the verification of arms control, nonproliferation, and disarmament
    agreements or commitments.
        (b) Prohibition on Reprogramming.--Notwithstanding any other
    provision of law, funds made available to carry out this section may not
    be used for any purpose other than the purposes specified in subsection
    (a).
        (c) Funding.--Of the total amount of funds authorized to be
    appropriated to the Department of State by this Act for the fiscal years
    2000 and 2001, $5,000,000 is authorized to be available for each such
    fiscal year to carry out subsection (a).
        (d) Designation of Fund.--Amounts made available under subsection
    (c) may be referred to as the ``Key Verification Assets Fund''.

    SEC. 1112. ASSISTANT SECRETARY OF STATE FOR VERIFICATION AND COMPLIANCE.

        (a) Designation of Position.--The Secretary of State shall designate
    one of the Assistant Secretaries of State authorized by section 1(c)(1)
    of the State Department Basic Authorities Act of 1956 (22 U.S.C.
    2651a(c)(1)) as the Assistant Secretary of State for Verification and
    Compliance. The Assistant Secretary shall report to the Under Secretary
    of State for Arms Control and International Security.
        (b) Directive Governing the Assistant Secretary of State.--
                (1) In general.--Not later than 30 days after the date of
            enactment of this Act, the Secretary of State shall issue a
            directive governing the position of the Assistant Secretary.
                (2) Elements of the directive.--The directive issued under
            paragraph (1) shall set forth, consistent with this section--
                        (A) the duties of the Assistant Secretary;
                        (B) the relationships between the Assistant
                    Secretary and other officials of the Department of
                    State;
                        (C) any delegation of authority from the Secretary
                    of State to the Assistant Secretary; and
                        (D) such matters as the Secretary considers
                    appropriate.

        (c) Duties.--
                (1) In general.--The Assistant Secretary shall have as his
            principal responsibility the overall supervision (including
            oversight of policy and resources) within the Department of
            State of all matters relating to verification and compliance
            with international arms control, nonproliferation, and
            disarmament agreements or commitments.
                (2) Participation of the assistant secretary.--

    [[Page 113 STAT. 1501A-487]]

                        (A) Primary role.--Except as provided in
                    subparagraphs (B) and (C), the Assistant Secretary, or
                    his designee, shall participate in all interagency
                    groups or organizations within the executive branch of
                    Government that assess, analyze, or review United States
                    planned or ongoing policies, programs, or actions that
                    have a direct bearing on verification or compliance
                    matters, including interagency intelligence committees
                    concerned with the development or exploitation of
                    measurement or signals intelligence or other national
                    technical means of verification.
                        (B) Requirement for designation.--Subparagraph (A)
                    shall not apply to groups or organizations on which the
                    Secretary of State or the Undersecretary of State for
                    Arms Control and International Security sits, unless
                    such official designates the Assistant Secretary to
                    attend in his stead.
                        (C) National security limitation.--
                              (i) Waiver by president.--The President may
                          waive the provisions of subparagraph (A) if
                          inclusion of the Assistant Secretary would not be
                          in the national security interests of the United
                          States.
                              (ii) Waiver by others.--With respect to an
                          interagency group or organization, or meeting
                          thereof, working with exceptionally sensitive
                          information contained in compartments under the
                          control of the Director of Central Intelligence,
                          the Secretary of Defense, or the Secretary of
                          Energy, such Director or Secretary, as the case
                          may be, may waive the provision of subparagraph
                          (A) if inclusion of the Assistant Secretary would
                          not be in the national security interests of the
                          United States.
                              (iii) Transmission of waiver to congress.--Any
                          waiver of participation under clause (i) or (ii)
                          shall be transmitted in writing to the appropriate
                          committees of Congress.
                (3) Relationship to the intelligence community.--The
            Assistant Secretary shall be the principal policy community
            representative to the intelligence community on verification and
            compliance matters.
                (4) Reporting responsibilities.--The Assistant Secretary
            shall have responsibility within the Department of State for--
                        (A) all reports required pursuant to section 306 of
                    the Arms Control and Disarmament Act (22 U.S.C. 2577);
                        (B) so much of the report required under paragraphs
                    (4) through (6) of section 403(a) of the Arms Control
                    and Disarmament Act (22 U.S.C. 2593a(a)(4) through (6))
                    as relates to verification or compliance matters; and
                        (C) other reports being prepared by the Department
                    of State as of the date of enactment of this Act
                    relating to arms control, nonproliferation, or
                    disarmament verification or compliance matters.

    SEC. 1113. ENHANCED ANNUAL (``PELL'') REPORT.

        (a) Annual Report.--Section 403(a) of the Arms Control and
    Disarmament Act (22 U.S.C. 2593a(a)) is amended--
                (1) in paragraph (4)--

    [[Page 113 STAT. 1501A-488]]

                        (A) by inserting ``or commitments, including the
                    Missile Technology Control Regime,'' after
                    ``agreements'' the first time it appears;
                        (B) by inserting ``or commitments'' after
                    ``agreements'' the second time it appears;
                        (C) by inserting ``or commitment'' after
                    ``agreement''; and
                        (D) by striking ``and'' at the end;
                (2) by striking the period at the end of paragraph (5) and
            inserting ``; and''; and
                (3) by adding at the end the following:
                ``(6) a specific identification, to the maximum extent
            practicable in unclassified form, of each and every question
            that exists with respect to compliance by other countries with
            arms control, nonproliferation, and disarmament agreements with
            the United States.''.

        (b) Additional Requirement.--Section 403 of the Arms Control and
    Disarmament Act (22 U.S.C. 2593a) is amended by adding at the end the
    following:
        ``(d) Each report required by this section shall include a
    discussion of each significant issue described in subsection (a)(6) that
    was contained in a previous report issued under this section during
    1995, or after December 31, 1995, until the question or concern has been
    resolved and such resolution has been reported in detail to the
    appropriate committees of Congress (as defined in section 1102(1) of the
    Arms Control, Non-Proliferation, and Security Assistance Act of
    1999).''.

    SEC. 1114. REPORT ON START AND START II TREATIES MONITORING ISSUES.

        (a) Report.--Not later than 180 days after the date of enactment of
    this Act, the Director of Central Intelligence shall submit to the
    appropriate committees of Congress a detailed report in classified form.
    Such report shall include the following:
                (1) A comprehensive identification of all monitoring
            activities associated with the START Treaty and the START II
            Treaty.
                (2) The specific intelligence community assets and
            capabilities, including analytical capabilities, that the Senate
            was informed, prior to the Senate giving its advice and consent
            to ratification of the treaties, would be necessary to
            accomplish those activities.
                (3) An identification of the extent to which those assets
            and capabilities have, or have not, been attained or retained,
            and the corresponding effect this has had upon United States
            monitoring confidence levels.
                (4) An assessment of any Russian activities relating to the
            START Treaty which have had an impact upon the ability of the
            United States to monitor Russian adherence to the Treaty.

        (b) Compartmented Annex.--Exceptionally sensitive, compartmented
    information in the report required by this section may be provided in a
    compartmented annex submitted to the Select Committee on Intelligence of
    the Senate and the Permanent Select Committee on Intelligence of the
    House of Representatives.

    [[Page 113 STAT. 1501A-489]]

    SEC. 1115. STANDARDS FOR VERIFICATION.

        (a) Verification of Compliance.--Section 306(a) of the Arms Control
    and Disarmament Act (22 U.S.C. 2577(a)) is amended in the matter
    preceding paragraph (1) by striking ``adequately''.
        (b) Assessments Upon Request.--Section 306 of the Arms Control and
    Disarmament Act (22 U.S.C. 2577) is amended--
                (1) by redesignating subsections (b), (c), and (d) as
            subsections (c), (d), and (e), respectively; and
                (2) by inserting after subsection (a) the following:

        ``(b) Assessments Upon Request.--Upon the request of the chairman or
    ranking minority member of the Committee on Foreign Relations of the
    Senate or the Committee on International Relations of the House of
    Representatives, in case of an arms control, nonproliferation, or
    disarmament proposal presented to a foreign country by the United States
    or presented to the United States by a foreign country, the Secretary of
    State shall submit a report to the Committee on the degree to which
    elements of the proposal are capable of being verified.''.

    SEC. 1116. CONTRIBUTION TO THE ADVANCEMENT OF SEISMOLOGY.

        The United States Government shall, to the maximum extent
    practicable, make available to the public in real time, or as quickly as
    possible, all raw seismological data provided to the United States
    Government by any international organization that is directly
    responsible for seismological monitoring.

    SEC. 1117. PROTECTION OF UNITED STATES COMPANIES.

        (a) Reimbursement.--During the 2-year period beginning on the date
    of the enactment of this Act, the United States National Authority (as
    designated pursuant to section 101 of the Chemical Weapons Convention
    Implementation Act of 1998 (as contained in division I of Public Law
    105-277)) shall, upon request of the Director of the Federal Bureau of
    Investigation, reimburse the Federal Bureau of Investigation for all
    costs incurred by the Bureau for such period in connection with
    implementation of section 303(b)(2)(A) of that Act, except that such
    reimbursement may not exceed $2,000,000 for such 2-year period.
        (b) Report.--Not later than 180 days prior to the expiration of the
    2-year period described in subsection (a), the Director of the Federal
    Bureau of Investigation shall prepare and submit to the Committee on
    International Relations of the House of Representatives and the
    Committee on Foreign Relations of the Senate a report on how activities
    under section 303(b)(2)(A) of the Chemical Weapons Convention
    Implementation Act of 1998 will be fully funded and implemented by the
    Federal Bureau of Investigation notwithstanding the expiration of the 2-
    year period described in subsection (a).

    SEC. 1118. REQUIREMENT FOR TRANSMITTAL OF SUMMARIES.

        Whenever a United States delegation engaging in negotiations on arms
    control, nonproliferation, or disarmament submits to the Secretary of
    State a summary of the activities of the delegation or the status of
    those negotiations, a copy of each such summary shall be further
    transmitted by the Secretary of State to the Committee on Foreign
    Relations of the Senate and to the Committee on International Relations
    of the House of Representatives promptly.

    [[Page 113 STAT. 1501A-490]]

        CHAPTER 2--MATTERS RELATING TO THE CONTROL OF BIOLOGICAL WEAPONS

    SEC. 1121. SHORT TITLE.

        This chapter may be cited as the ``National Security and Corporate
    Fairness under the Biological Weapons Convention Act''.

    SEC. 1122. DEFINITIONS.

        In this chapter:
                (1) Biological weapons convention.--The term ``Biological
            Weapons Convention'' means the 1972 Convention on the
            Prohibition of the Development, Production and Stockpiling of
            Bacteriological (Biological) and Toxin Weapons and on their
            Destruction.
                (2) Compliance protocol.--The term ``compliance protocol''
            means that segment of a bilateral or multilateral agreement that
            enables investigation of questions of compliance entailing
            written data or visits to facilities to monitor compliance.

        (3) Industry.--The term ``industry'' means any corporate or private
    sector entity engaged in the research, development, production, import,
    and export of peaceful pharmaceuticals and bio-technological and related
    products.

    SEC. 1123. FINDINGS.

        Congress makes the following findings:
                (1) The threat of biological weapons and their proliferation
            is one of the greatest national security threats facing the
            United States.
                (2) The threat of biological weapons and materials
            represents a serious and increasing danger to people around the
            world.
                (3) Biological weapons are relatively inexpensive to
            produce, can be made with readily available expertise and
            equipment, do not require much space to make and can therefore
            be readily concealed, do not require unusual raw materials or
            materials not readily available for legitimate purposes, do not
            require the maintenance of stockpiles, or can be delivered with
            low-technology mechanisms, and can effect widespread casualties
            even in small quantities.
                (4) Unlike other weapons of mass destruction, biological
            materials capable of use as weapons can occur naturally in the
            environment and are also used for medicinal or other beneficial
            purposes.
                (5) Biological weapons are morally reprehensible, prompting
            the United States Government to halt its offensive biological
            weapons program in 1969, subsequently destroy its entire
            biological weapons arsenal, and maintain henceforth only a
            robust defensive capacity.
                (6) The Senate gave its advice and consent to ratification
            of the Biological Weapons Convention in 1974.
                (7) The Director of the Arms Control and Disarmament Agency
            explained, at the time of the Senate's consideration of the
            Biological Weapons Convention, that the treaty contained no
            verification provisions because verification would be
            ``difficult''.

    [[Page 113 STAT. 1501A-491]]

                (8) A compliance protocol has now been proposed to
            strengthen the 1972 Biological Weapons Convention.
                (9) The resources needed to produce, stockpile, and store
            biological weapons are the same as those used in peaceful
            industry facilities to discover, develop, and produce medicines.
                (10) The raw materials of biological agents are difficult to
            use as an indicator of an offensive military program because the
            same materials occur in nature or can be used to produce a wide
            variety of products.
                (11) Some biological products are genetically manipulated to
            develop new commercial products, optimizing production and
            ensuring the integrity of the product, making it difficult to
            distinguish between legitimate commercial activities and
            offensive military activities.
                (12) Only a small culture of a biological agent and some
            growth medium are needed to produce a large amount of biological
            agents with the potential for offensive purposes.
                (13) The United States pharmaceutical and biotechnology
            industries are a national asset and resource that contribute to
            the health and well-being of the American public as well as
            citizens around the world.
                (14) One bacterium strain can represent a large proportion
            of a company's investment in a pharmaceutical product and thus
            its potential loss during an arms control monitoring activity
            could conceivably be worth billions of dollars.
                (15) Biological products contain proprietary genetic
            information.
                (16) The proposed compliance regime for the Biological
            Weapons Convention entails new data reporting and investigation
            requirements for industry.
                (17) A compliance regime which contributes to the control of
            biological weapons and materials must have a reasonable chance
            of success in reducing the risk of production, stockpiling, or
            use of biological weapons while protecting the reputations,
            intellectual property, and confidential business information of
            legitimate companies.

    SEC. 1124. TRIAL INVESTIGATIONS AND TRIAL VISITS.

        (a) National Security Trial Investigations and Trial Visits.--The
    President shall conduct a series of national security trial
    investigations and trial visits, both during and following negotiations
    to develop a compliance protocol to the Biological Weapons Convention,
    with the objective of ensuring that the compliance procedures of the
    protocol are effective and adequately protect the national security of
    the United States. These trial investigations and trial visits shall be
    conducted at such sites as United States Government facilities,
    installations, and national laboratories.
        (b) United States Industry Trial Investigations and Trial Visits.--
    The President shall take all appropriate steps to conduct or sponsor a
    series of United States industry trial investigations and trial visits,
    both during and following negotiations to develop a compliance protocol
    to the Biological Weapons Convention, with the objective of ensuring
    that the compliance procedures of the protocol are effective and
    adequately protect the national security and the concerns of affected
    United States industries and research institutions. These trial
    investigations and trial visits shall be conducted at such sites as
    academic institutions, vaccine production

    [[Page 113 STAT. 1501A-492]]

    facilities, and pharmaceutical and biotechnology firms in the United
    States.
        (c) Participation by Defense Department and Other Appropriate
    Personnel.--The Secretary of Defense and, as appropriate, the Director
    of the Federal Bureau of Investigation shall make available specialized
    personnel to participate--
                (1) in each trial investigation or trial visit conducted
            pursuant to subsection (a); and
                (2) in each trial investigation or trial visit conducted
            pursuant to subsection (b), except for any investigation or
            visit in which the host facility requests that such personnel
            not participate,

    for the purpose of assessing the information security implications of
    such investigation or visit. The Secretary of Defense, in coordination
    with the Director of the Federal Bureau of Investigation, shall add to
    the report required by subsection (d)(2) a classified annex containing
    an assessment of the risk to proprietary and classified information
    posed by any investigation or visit procedures in the compliance
    protocol.
        (d) Study.--
                (1) In general.--The President shall conduct a study on the
            need for investigations and visits under the compliance protocol
            to the Biological Weapons Convention, including--
                        (A) an assessment of risks to national security and
                    United States industry and research institutions of such
                    on-site activities; and
                        (B) an assessment of the monitoring results that can
                    be expected from such investigations and visits.
                (2) Report.--Not later than the date on which a compliance
            protocol to the Biological Weapons Convention is submitted to
            the Senate for its advice and consent to ratification, the
            President shall submit to the Committee on Foreign Relations of
            the Senate a report, in both unclassified and classified form,
            setting forth--
                        (A) the findings of the study conducted pursuant to
                    paragraph (1); and
                        (B) the results of trial investigations and trial
                    visits conducted pursuant to subsections (a) and (b).

        Subtitle B--Nuclear Nonproliferation, Safety, and Related Matters

    SEC. 1131. CONGRESSIONAL NOTIFICATION OF NONPROLIFERATION ACTIVITIES.

        Section 602(c) of the Nuclear Non-Proliferation Act of 1978 (22
    U.S.C. 3282(c)) is amended to read as follows:
        ``(c)(1) The Department of State, the Department of Defense, the
    Department of Commerce, the Department of Energy, the Commission, and,
    with regard to subparagraph (B), the Director of Central Intelligence,
    shall keep the Committees on Foreign Relations and Governmental Affairs
    of the Senate and the Committee on International Relations of the House
    of Representatives fully and currently informed with respect to--
                ``(A) their activities to carry out the purposes and
            policies of this Act and to otherwise prevent proliferation,
            including

    [[Page 113 STAT. 1501A-493]]

            the proliferation of nuclear, chemical, or biological weapons,
            or their means of delivery; and
                ``(B) the current activities of foreign nations which are of
            significance from the proliferation standpoint.

        ``(2) For the purposes of this subsection with respect to paragraph
    (1)(B), the phrase `fully and currently informed' means the transmittal
    of credible information not later than 60 days after becoming aware of
    the activity concerned.''.

    SEC. 1132. EFFECTIVE USE OF RESOURCES FOR NONPROLIFERATION PROGRAMS.

        (a) Prohibition.--Except as provided in subsection (b), no
    assistance may be provided by the United States Government to any person
    who is involved in the research, development, design, testing, or
    evaluation of chemical or biological weapons for offensive purposes.
        (b) Exception.--The prohibition contained in subsection (a) shall
    not apply to any activity conducted pursuant to title V of the National
    Security Act of 1947 (50 U.S.C. 413 et seq.).

    SEC. 1133. DISPOSITION OF WEAPONS-GRADE MATERIAL.

        (a) Report on Reduction of the Stockpile.--Not later than 120 days
    after signing an agreement between the United States and Russia for the
    disposition of excess weapons plutonium, the Secretary of Energy, with
    the concurrence of the Secretary of Defense, shall submit to the
    Committee on Foreign Relations and the Committee on Armed Services of
    the Senate and to the Committee on International Relations and the
    Committee on Armed Services of the House of Representatives a report--
                (1) detailing plans for United States implementation of such
            agreement;
                (2) identifying, in classified form, the number of United
            States warhead ``pits'' of each type deemed ``excess'' for the
            purpose of dismantlement or disposition; and
                (3) describing any implications this may have for the
            Stockpile Stewardship and Management Program.

        (b) Submission of the Fabrication Facility Agreement Pursuant To
    Law.--Whenever the President submits to Congress the agreement to
    establish a mixed oxide fuel fabrication or production facility in
    Russia pursuant to section 123 of the Atomic Energy Act of 1954 (42
    U.S.C. 2153), it is the sense of the Congress that the Secretary of
    State should be prepared to certify to the Committee on Foreign
    Relations of the Senate and the Committee on International Relations of
    the House Representatives that--
                (1) arrangements for the establishment of that facility will
            further United States nuclear nonproliferation objectives and
            will outweigh the proliferation risks inherent in the use of
            mixed oxide fuel elements;
                (2) a guaranty has been given by Russia that no fuel
            elements produced, fabricated, reprocessed, or assembled at such
            facility, and no sensitive nuclear technology related to such
            facility, will be exported or supplied by Russia to any country
            in the event that the United States objects to such export or
            supply; and
                (3) a guaranty has been given by Russia that the facility
            and all nuclear materials and equipment therein, and any fuel
            elements or special nuclear material produced, fabricated,

    [[Page 113 STAT. 1501A-494]]

            reprocessed, or assembled at that facility, including fuel
            elements exported or supplied by Russia to a third party, will
            be subject to international monitoring and transparency
            sufficient to ensure that special nuclear material is not
            diverted.

        (c) Definitions.--
                (1) Produced.--The terms ``produce'' and ``produced'' have
            the same meaning that such terms are given under section 11 u.
            of the Atomic Energy Act of 1954.
                (2) Production facility.--The term ``production facility''
            has the same meaning that such term is given under section 11 v.
            of the Atomic Energy Act of 1954.
                (3) Special nuclear material.--The term ``special nuclear
            material'' has the meaning that such term is given under section
            11 aa. of the Atomic Energy Act of 1954.

    SEC. 1134. PROVISION OF CERTAIN INFORMATION TO CONGRESS.

        (a) Requirement to Provide Information.--The head of each department
    and agency described in section 602(c) of the Nuclear Non-Proliferation
    Act of 1978 (22 U.S.C. 3282(c)) shall promptly provide information to
    the chairman and ranking minority member of the Committee on Foreign
    Relations of the Senate and the Committee on International Relations of
    the House of Representatives in meeting the requirements of subsection
    (c) or (d) of section 602 of such Act.
        (b) Issuance of Directives.--Not later than February 1, 2000, the
    Secretary of State, the Secretary of Defense, the Secretary of Commerce,
    the Secretary of Energy, the Director of Central Intelligence, and the
    Chairman of the Nuclear Regulatory Commission shall issue directives,
    which shall provide access to information, including information
    contained in special access programs, to implement their
    responsibilities under subsections (c) and (d) of section 602 of the
    Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3282(c) and (d)).
    Copies of such directives shall be forwarded promptly to the Committee
    on Foreign Relations of the Senate and the Committee on International
    Relations of the House of Representatives upon the issuance of the
    directives.

    SEC. 1135. AMENDED NUCLEAR EXPORT REPORTING REQUIREMENT.

        Section 1523 of the Strom Thurmond National Defense Authorization
    Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2180; 42 U.S.C.
    2155 note) is amended--
                (1) by striking ``Congress'' and inserting ``the Committee
            on Foreign Relations of the Senate and the Committee on
            International Relations of the House of Representatives''; and
                (2) by adding at the end the following:

        ``(c) Content of Notification.--The notification required pursuant
    to this section shall include--
                ``(1) a detailed description of the articles or services to
            be exported or reexported, including a brief description of the
            capabilities of any article to be exported or reexported;
                ``(2) an estimate of the number of officers and employees of
            the United States Government and of United States Government
            civilian contract personnel expected to be required in such
            country to carry out the proposed export or reexport;
                ``(3) the name of each licensee expected to provide the
            article or service proposed to be sold and a description from
            the licensee of any offset agreements proposed to be entered

    [[Page 113 STAT. 1501A-495]]

            into in connection with such sale (if known on the date of
            transmittal of such statement);
                ``(4) the projected delivery dates of the articles or
            services to be exported or reexported; and
                ``(5) the extent to which the recipient country in the
            previous two years has engaged in any of the actions specified
            in subparagraph (A), (B), or (C) of section 129(2) of the Atomic
            Energy Act of 1954.

    SEC. 1136. ADHERENCE TO THE MISSILE TECHNOLOGY CONTROL REGIME.

        (a) Clarification of Requirement for Control.--Section 74 of the
    Arms Export Control Act (22 U.S.C. 2797c) is amended--
                (1) by inserting ``(a) In General.--'' before ``For purposes
            of''; and
                (2) by adding at the end the following:

        ``(b) International Understanding Defined.--For purposes of
    subsection (a)(3), as it relates to any international understanding
    concluded with the United States after January 1, 2000, the term
    `international understanding' means--
                ``(1) any specific agreement by a country not to export,
            transfer, or otherwise engage in the trade of any MTCR equipment
            or technology that contributes to the acquisition, design,
            development, or production of missiles in a country that is not
            an MTCR adherent and would be, if it were United States-origin
            equipment or technology, subject to the jurisdiction of the
            United States under this Act; or
                ``(2) any specific understanding by a country that,
            notwithstanding section 73(b) of this Act, the United States
            retains the right to take the actions under section 73(a)(2) of
            this Act in the case of any export or transfer of any MTCR
            equipment or technology that contributes to the acquisition,
            design, development, or production of missiles in a country that
            is not an MTCR adherent and would be, if it were United States-
            origin equipment or technology, subject to the jurisdiction of
            the United States under this Act.''.

        (b) Clarification of Applicability.--Section 73(b) of the Arms
    Export Control Act (22 U.S.C. 2797b(b)) is amended--
                (1) by redesignating paragraphs (1) and (2) as subparagraphs
            (A) and (B), respectively, and moving such subparagraphs 2 ems
            to the right;
                (2) by striking ``Subsection (a)'' and inserting the
            following:
                ``(1) In general.--Except as provided in paragraph (2),
            subsection (a)''; and
                (3) by adding at the end the following:
                ``(2) Limitation.--Notwithstanding paragraph (1), subsection
            (a) shall apply to an entity subordinate to a government that
            engages in exports or transfers described in section
            498A(b)(3)(A) of the Foreign Assistance Act of 1961 (22 U.S.C.
            2295a(b)(3)(A)).''.

        (c) Enforcement Actions.--Section 73(c) of the Arms Export Control
    Act (22 U.S.C. 2797b(c)) is amended by inserting before the period at
    the end the following: ``, and if the President certifies to the
    Committee on Foreign Relations of the Senate and the Committee on
    International Relations of the House of Representatives that--

    [[Page 113 STAT. 1501A-496]]

                ``(1) for any judicial or other enforcement action taken by
            the MTCR adherent, such action has--
                        ``(A) been comprehensive; and
                        ``(B) been performed to the satisfaction of the
                    United States; and
                ``(2) with respect to any finding of innocence of
            wrongdoing, the United States is satisfied with the basis for
            such finding''.

        (d) Policy Report.--Section 73A of the Arms Export Control Act (22
    U.S.C. 2797b-1) is amended--
                (1) by striking ``Following any action'' and inserting the
            following:

        ``(a) Policy Report.--Following any action''; and
                (2) by adding at the end the following:

        ``(b) Intelligence Assessment Report.--At such times that a report
    is transmitted pursuant to subsection (a), the Director of Central
    Intelligence shall promptly prepare and submit to the Congress a
    separate report containing any credible information indicating that the
    country described in subsection (a) has engaged in any activity
    identified under subparagraph (A), (B), or (C) of section 73(a)(1)
    within the previous two years.''.
        (e) MTCR Defined.--The term ``MTCR'' means the Missile Technology
    Control Regime, as defined in section 74(a)(2) of the Arms Export
    Control Act (22 U.S.C. 2797c(a)(2)).

    SEC. 1137. AUTHORITY RELATING TO MTCR ADHERENTS.

        Chapter 7 of the Arms Export Control Act (22 U.S.C. 2797 et seq.) is
    amended by inserting after section 73A the following new section:

    ``SEC. 73B. AUTHORITY RELATING TO MTCR ADHERENTS.

        ``Notwithstanding section 73(b), the President may take the actions
    under section 73(a)(2) under the circumstances described in section
    74(b)(2).''.

    SEC. 1138. TRANSFER OF FUNDING FOR SCIENCE AND TECHNOLOGY CENTERS IN THE
                FORMER SOVIET UNION.

        (a) Authorization.--For fiscal year 2001 and subsequent fiscal
    years, funds made available under ``Nonproliferation, Antiterrorism,
    Demining, and Related Programs'' accounts in annual foreign operations
    appropriations Acts are authorized to be available for science and
    technology centers in the independent states of the former Soviet Union
    assisted under section 503(a)(5) of the FREEDOM Support Act (22 U.S.C.
    5853(a)(5)) or section 1412(b)(5) of the Former Soviet Union
    Demilitarization Act of 1992 (title XIV of Public Law 102-484; 22 U.S.C.
    5901 et seq.), including the use of those and other funds by any Federal
    agency having expertise and programs related to the activities carried
    out by those centers, including the Departments of Agriculture,
    Commerce, and Health and Human Services and the Environmental Protection
    Agency.
        (b) Availability of Funds.--Amounts made available under any
    provision of law for the activities described in subsection (a) shall be
    available until expended and may be used notwithstanding any other
    provision of law.

    SEC. 1139. RESEARCH AND EXCHANGE ACTIVITIES BY SCIENCE AND TECHNOLOGY
                CENTERS.

        (a) In General.--Support for science and technology centers in the
    independent states of the former Soviet Union, as authorized

    [[Page 113 STAT. 1501A-497]]

    by section 503(a)(5) of the FREEDOM Support Act (22 U.S.C. 5853(a)(5))
    and section 1412(b) of the Former Soviet Union Demilitarization Act of
    1992 (title XIV of Public Law 102-484, 22 U.S.C. 5901 et seq.), is
    authorized for activities described in subsection (b) to support the
    redirection of former Soviet weapons scientists, especially those with
    expertise in weapons of mass destruction (nuclear, radiological,
    chemical, biological), missile and other delivery systems, and other
    advanced technologies with military applications.
        (b) Activities Supported.--Activities supported under subsection (a)
    include--
                (1) any research activity involving the participation of
            former Soviet weapons scientists and civilian scientists and
            engineers, if the participation of the weapons scientists
            predominates; and
                (2) any program of international exchanges that would
            provide former Soviet weapons scientists exposure to, and the
            opportunity to develop relations with, research and industry
            partners.

                         TITLE XII--SECURITY ASSISTANCE

    SEC. 1201. SHORT TITLE.

        This title may be cited as the ``Security Assistance Act of 1999''.

                Subtitle A--Transfers of Excess Defense Articles

    SEC. 1211. EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTHERN EUROPEAN
                COUNTRIES.

        (a) Transportation and Related Costs.--Section 105 of Public Law
    104-164 (110 Stat. 1427) is amended by striking ``1999 and 2000'' and
    inserting ``2000 and 2001''.
        (b) Excess Defense Articles for Greece and Turkey.--Section
    516(b)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(b)(2))
    is amended by inserting after ``four-year period beginning on October 1,
    1996,'' the following: ``and thereafter for the four-period beginning on
    October 1, 2000,''.

    SEC. 1212. EXCESS DEFENSE ARTICLES FOR CERTAIN OTHER COUNTRIES.

        (a) Uses For Which Funds Are Available.--Notwithstanding section
    516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)),
    during each of the fiscal years 2000 and 2001, funds available to the
    Department of Defense may be expended for crating, packing, handling,
    and transportation of excess defense articles transferred under the
    authority of section 516 of that Act to Estonia, Georgia, Hungary,
    Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Poland, Slovakia,
    Ukraine, and Uzbekistan.
        (b) Content of Congressional Notification.--Each notification
    required to be submitted under section 516(f) of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2321j(f)) with respect to a proposed transfer of
    a defense article described in subsection (a) shall

    [[Page 113 STAT. 1501A-498]]

    include an estimate of the amount of funds to be expended under
    subsection (a) with respect to that transfer.

    SEC. 1213. INCREASE IN ANNUAL LIMITATION ON TRANSFER OF EXCESS DEFENSE
                ARTICLES.

        Section 516(g)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2321j(g)(1)) is amended by striking ``$350,000,000'' and inserting
    ``$425,000,000''.

                 Subtitle B--Foreign Military Sales Authorities

    SEC. 1221. TERMINATION OF FOREIGN MILITARY TRAINING.

        Section 617 of the Foreign Assistance Act of 1961 (22 U.S.C. 2367)
    is amended by adding at the end the following new sentence: ``Such
    expenses for orderly termination of programs under the Arms Export
    Control Act may include the obligation and expenditure of funds to
    complete the training or studies outside the countries of origin of
    students whose course of study or training program began before
    assistance was terminated, as long as the origin country's termination
    was not a result of activities beyond default of financial
    responsibilities.''.

    SEC. 1222. SALES OF EXCESS COAST GUARD PROPERTY.

        Section 21(a)(1) of the Arms Export Control Act (22 U.S.C.
    2761(a)(1)) is amended in the matter preceding subparagraph (A) by
    inserting ``and the Coast Guard'' after ``Department of Defense''.

    SEC. 1223. COMPETITIVE PRICING FOR SALES OF DEFENSE ARTICLES.

        Section 22(d) of the Arms Export Control Act (22 U.S.C. 2762(d)) is
    amended--
                (1) by striking ``Procurement contracts'' and inserting
            ``(1) Procurement contracts''; and
                (2) by adding at the end the following:

        ``(2) Direct costs associated with meeting additional or unique
    requirements of the purchaser shall be allowable under contracts
    described in paragraph (1). Loadings applicable to such direct costs
    shall be permitted at the same rates applicable to procurement of like
    items purchased by the Department of Defense for its own use.''.

    SEC. 1224. NOTIFICATION OF UPGRADES TO DIRECT COMMERCIAL SALES.

        Section 36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)) is
    amended by adding at the end the following new paragraph:
        ``(4) The provisions of subsection (b)(5) shall apply to any
    equipment, article, or service for which a numbered certification has
    been transmitted to Congress pursuant to paragraph (1) in the same
    manner and to the same extent as that subsection applies to any
    equipment, article, or service for which a numbered certification has
    been transmitted to Congress pursuant to subsection (b)(1). For purposes
    of such application, any reference in subsection (b)(5) to `a letter of
    offer' or `an offer' shall be deemed to be a reference to `a
    contract'.''.

    [[Page 113 STAT. 1501A-499]]

    SEC. 1225. UNAUTHORIZED USE OF DEFENSE ARTICLES.

        Section 3 of the Arms Export Control Act (22 U.S.C. 2753) is amended
    by adding at the end the following new subsection:
        ``(g) Any agreement for the sale or lease of any article on the
    United States Munitions List entered into by the United States
    Government after the date of enactment of this subsection shall state
    that the United States Government retains the right to verify credible
    reports that such article has been used for a purpose not authorized
    under section 4 or, if such agreement provides that such article may
    only be used for purposes more limited than those authorized under
    section 4, for a purpose not authorized under such agreement.''.

        Subtitle C--Stockpiling of Defense Articles for Foreign Countries

    SEC. 1231. ADDITIONS TO UNITED STATES WAR RESERVE STOCKPILES FOR ALLIES.

        Paragraph (2) of section 514(b) of the Foreign Assistance Act of
    1961 (22 U.S.C. 2321h(b)(2)) is amended to read as follows:
        ``(2)(A) The value of such additions to stockpiles of defense
    articles in foreign countries shall not exceed $60,000,000 for fiscal
    year 2000.
        ``(B) Of the amount specified in subparagraph (A), not more than
    $40,000,000 may be made available for stockpiles in the Republic of
    Korea and not more than $20,000,000 may be made available for stockpiles
    in Thailand.''.

    SEC. 1232. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS DEFENSE ARTICLES IN
                THE WAR RESERVES STOCKPILE FOR ALLIES.

        (a) Items in the Korean Stockpile.--
                (1) In general.--Notwithstanding section 514 of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2321h), the President is
            authorized to transfer to the Republic of Korea, in return for
            concessions to be negotiated by the Secretary of Defense, with
            the concurrence of the Secretary of State, any or all of the
            items described in paragraph (2).
                (2) Covered items.--The items referred to in paragraph (1)
            are munitions, equipment, and material such as tanks, trucks,
            artillery, mortars, general purpose bombs, repair parts,
            ammunition, barrier material, and ancillary equipment, if such
            items are--
                        (A) obsolete or surplus items;
                        (B) in the inventory of the Department of Defense;
                        (C) intended for use as reserve stocks for the
                    Republic of Korea; and
                        (D) as of the date of the enactment of this Act,
                    located in a stockpile in the Republic of Korea.

        (b) Items in the Thailand Stockpile.--
                (1) In general.--Notwithstanding section 514 of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2321h), the President is
            authorized to transfer to Thailand, in return for concessions to
            be negotiated by the Secretary of Defense, with the concurrence
            of the Secretary of State, any or all of the items described in
            paragraph (2).

    [[Page 113 STAT. 1501A-500]]

                (2) Covered items.--The items referred to in paragraph (1)
            are munitions, equipment, and material such as tanks, trucks,
            artillery, mortars, general purpose bombs, repair parts,
            ammunition, barrier material, and ancillary equipment, if such
            items are--
                        (A) obsolete or surplus items;
                        (B) in the inventory of the Department of Defense;
                        (C) intended for use as reserve stocks for Thailand;
                    and
                        (D) as of the date of the enactment of this Act,
                    located in a stockpile in Thailand.

        (c) Valuation of Concessions.--The value of concessions negotiated
    pursuant to subsections (a) and (b) shall be at least equal to the fair
    market value of the items transferred. The concessions may include cash
    compensation, services, waiver of charges otherwise payable by the
    United States, and other items of value.
        (d) Prior Notifications of Proposed Transfers.--Not less than 30
    days before making a transfer under the authority of this section, the
    President shall transmit to the Committee on Foreign Relations of the
    Senate and the Committee on International Relations of the House of
    Representatives a detailed notification of the proposed transfer, which
    shall include an identification of the items to be transferred and the
    concessions to be received.
        (e) Termination of Authority.--No transfer may be made under the
    authority of this section more than 3 years after the date of the
    enactment of this Act.

                     Subtitle D--Defense Offsets Disclosure

    SEC. 1241. SHORT TITLE.

        This subtitle may be cited as the ``Defense Offsets Disclosure Act
    of 1999''.

    SEC. 1242. FINDINGS AND DECLARATION OF POLICY.

        (a) Findings.--Congress makes the following findings:
                (1) A fair business environment is necessary to advance
            international trade, economic stability, and development
            worldwide, is beneficial for American workers and businesses,
            and is in the United States national interest.
                (2) In some cases, mandated offset requirements can cause
            economic distortions in international defense trade and
            undermine fairness and competitiveness, and may cause particular
            harm to small- and medium-sized businesses.
                (3) The use of offsets may lead to increasing dependence on
            foreign suppliers for the production of United States weapons
            systems.
                (4) The offset demands required by some purchasing
            countries, including some close allies of the United States,
            equal or exceed the value of the base contract they are intended
            to offset, mitigating much of the potential economic benefit of
            the exports.
                (5) Offset demands often unduly distort the prices of
            defense contracts.
                (6) In some cases, United States contractors are required to
            provide indirect offsets which can negatively impact nondefense
            industrial sectors.

    [[Page 113 STAT. 1501A-501]]

                (7) Unilateral efforts by the United States to prohibit
            offsets may be impractical in the current era of globalization
            and would severely hinder the competitiveness of the United
            States defense industry in the global market.
                (8) The development of global standards to manage and
            restrict demands for offsets would enhance United States efforts
            to mitigate the negative impact of offsets.

        (b) Declaration of Policy.--It is the policy of the United States to
    monitor the use of offsets in international defense trade, to promote
    fairness in such trade, and to ensure that foreign participation in the
    production of United States weapons systems does not harm the economy of
    the United States.

    SEC. 1243. DEFINITIONS.

        In this subtitle:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                        (A) the Committee on Foreign Relations of the
                    Senate; and
                        (B) the Committee on International Relations of the
                    House of Representatives.
                (2) G-8.--The term ``G-8'' means the group consisting of
            France, Germany, Japan, the United Kingdom, the United States,
            Canada, Italy, and Russia established to facilitate economic
            cooperation among the eight major economic powers.
                (3) Offset.--The term ``offset'' means the entire range of
            industrial and commercial benefits provided to foreign
            governments as an inducement or condition to purchase military
            goods or services, including benefits such as coproduction,
            licensed production, subcontracting, technology transfer, in-
            country procurement, marketing and financial assistance, and
            joint ventures.
                (4) Transatlantic economic partnership.--The term
            ``Transatlantic Economic Partnership'' means the joint
            commitment made by the United States and the European Union to
            reinforce their close relationship through an initiative
            involving the intensification and extension of multilateral and
            bilateral cooperation and common actions in the areas of trade
            and investment.
                (5) Wassenaar arrangement.--The term ``Wassenaar
            Arrangement'' means the multilateral export control regime in
            which the United States participates that seeks to promote
            transparency and responsibility with regard to transfers of
            conventional armaments and sensitive dual-use items.
                (6) World trade organization.--The term ``World Trade
            Organization'' means the organization established pursuant to
            the WTO Agreement.
                (7) WTO agreement.--The term ``WTO Agreement'' means the
            Agreement Establishing the World Trade Organization entered into
            on April 15, 1994.

    SEC. 1244. SENSE OF CONGRESS.

        It is the sense of Congress that--
                (1) the executive branch should pursue efforts to address
            trade fairness by establishing reasonable, business-friendly
            standards for the use of offsets in international business
            transactions between the United States and its trading partners
            and competitors;

    [[Page 113 STAT. 1501A-502]]

                (2) the Secretary of Defense, the Secretary of State, the
            Secretary of Commerce, and the United States Trade
            Representative, or their designees, should raise with other
            industrialized nations at every suitable venue the need for
            transparency and reasonable standards to govern the role of
            offsets in international defense trade;
                (3) the United States Government should enter into
            discussions regarding the establishment of multilateral
            standards for the use of offsets in international defense trade
            through the appropriate multilateral fora, including such
            organizations as the Transatlantic Economic Partnership, the
            Wassenaar Arrangement, the G-8, and the World Trade
            Organization; and
                (4) the United States Government, in entering into the
            discussions described in paragraph (3), should take into account
            the distortions produced by the provision of other benefits and
            subsidies, such as export financing, by various countries to
            support defense trade.

    SEC. 1245. REPORTING OF OFFSET AGREEMENTS.

        (a) Initial Reporting of Offset Agreements.--
                (1) Government-to-government sales.--Section 36(b)(1) of the
            Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended in
            subparagraph (C) of the fifth sentence, by striking ``and a
            description'' and all that follows and inserting ``and a
            description of any offset agreement with respect to such
            sale;''.
                (2) Commercial sales.--Section 36(c)(1) of the Arms Export
            Control Act (22 U.S.C. 2776(c)(1)) is amended in the second
            sentence, by striking ``(if known on the date of transmittal of
            such certification)'' and inserting ``and a description of any
            such offset agreement''.

        (b) Confidentiality of Information Relating to Offset Agreements.--
    Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended--
                (1) by redesignating the second subsection (e) (as added by
            section 155 of Public Law 104-164) as subsection (f); and
                (2) by adding at the end the following new subsection:

        ``(g) Information relating to offset agreements provided pursuant to
    subparagraph (C) of the fifth sentence of subsection (b)(1) and the
    second sentence of subsection (c)(1) shall be treated as confidential
    information in accordance with section 12(c) of the Export
    Administration Act of 1979 (50 U.S.C. App. 2411(c)).''.

    SEC. 1246. EXPANDED PROHIBITION ON INCENTIVE PAYMENTS.

        (a) In General.--Section 39A(a) of the Arms Export Control Act (22
    U.S.C. 2779a(a)) is amended--
                (1) by inserting ``or licensed'' after ``sold''; and
                (2) by inserting ``or export'' after ``sale''.

        (b) Definition of United States Person.--Section 39A(d)(3)(B)(ii) of
    the Arms Export Control Act (22 U.S.C. 2779a(d)(3)(B)(ii)) is amended by
    inserting ``or by an entity described in clause (i)'' after
    ``subparagraph (A)''.

    SEC. 1247. ESTABLISHMENT OF REVIEW COMMISSION.

        (a) In General.--There is established a National Commission on the
    Use of Offsets in Defense Trade (in this section referred

    [[Page 113 STAT. 1501A-503]]

    to as the ``Commission'') to address all aspects of the use of offsets
    in international defense trade.
        (b) Commission Membership.--Not later than 120 days after the date
    of enactment of this Act, the President, with the concurrence of the
    Majority and Minority Leaders of the Senate and the Speaker and Minority
    Leader of the House of Representatives, shall appoint 11 individuals to
    serve as members of the Commission. Commission membership shall
    include--
                (1) representatives from the private sector, including--
                        (A) one each from--
                              (i) a labor organization,
                              (ii) a United States defense manufacturing
                          company dependent on foreign sales,
                              (iii) a United States company dependent on
                          foreign sales that is not a defense manufacturer,
                          and
                              (iv) a United States company that specializes
                          in international investment, and
                        (B) two members from academia with widely recognized
                    expertise in international economics; and
                (2) five members from the executive branch, including a
            member from--
                        (A) the Office of Management and Budget,
                        (B) the Department of Commerce,
                        (C) the Department of Defense,
                        (D) the Department of State, and
                        (E) the Department of Labor.

    The member designated from the Office of Management and Budget shall
    serve as Chairperson of the Commission. The President shall ensure that
    the Commission is nonpartisan and that the full range of perspectives on
    the subject of offsets in the defense industry is adequately
    represented.
        (c) Duties.--The Commission shall be responsible for reviewing and
    reporting on--
              (1) the full range of current practices by foreign governments
            in requiring offsets in purchasing agreements and the extent and
            nature of offsets offered by United States and foreign defense
            industry contractors;
                (2) the impact of the use of offsets on defense
            subcontractors and nondefense industrial sectors affected by
            indirect offsets; and
                (3) the role of offsets, both direct and indirect, on
            domestic industry stability, United States trade competitiveness
            and national security.

        (d) Commission Report.--Not later than 12 months after the
    Commission is established, the Commission shall submit a report to the
    appropriate congressional committees. In addition to the items described
    under subsection (c), the report shall include--
                (1) an analysis of--
                        (A) the collateral impact of offsets on industry
                    sectors that may be different than those of the
                    contractor providing the offsets, including estimates of
                    contracts and jobs lost as well as an assessment of
                    damage to industrial sectors;
                        (B) the role of offsets with respect to
                    competitiveness of the United States defense industry in
                    international trade and the potential damage to the
                    ability of United States contractors to compete if
                    offsets were prohibited or limited; and

    [[Page 113 STAT. 1501A-504]]

                        (C) the impact on United States national security,
                    and upon United States nonproliferation objectives, of
                    the use of coproduction, subcontracting, and technology
                    transfer with foreign governments or companies that
                    results from fulfilling offset requirements, with
                    particular emphasis on the question of dependency upon
                    foreign nations for the supply of critical components or
                    technology;
                (2) proposals for unilateral, bilateral, or multilateral
            measures aimed at reducing any detrimental effects of offsets;
            and
                (3) an identification of the appropriate executive branch
            agencies to be responsible for monitoring the use of offsets in
            international defense trade.

        (e) Period of Appointment; Vacancies.--Members shall be appointed
    for the life of the Commission. Any vacancy in the Commission shall not
    affect its powers, but shall be filled in the same manner as the
    original appointment.
        (f) Initial Meeting.--Not later than 30 days after the date on which
    all members of the Commission have been appointed, the Commission shall
    hold its first meeting.
        (g) Meetings.--The Commission shall meet at the call of the
    Chairman.
        (h) Commission Personnel Matters.--
                (1) Compensation of members.--Each member of the Commission
            who is not an officer or employee of the Federal Government
            shall be compensated at a rate equal to the daily equivalent of
            the annual rate of basic pay prescribed for level IV of the
            Executive Schedule under section 5315 of title 5, United States
            Code, for each day (including travel time) during which such
            member is engaged in the performance of the duties of the
            Commission. All members of the Commission who are officers or
            employees of the United States shall serve without compensation
            in addition to that received for their services as officers or
            employees of the United States.
                (2) Travel expenses.--The members of the Commission shall be
            allowed travel expenses, including per diem in lieu of
            subsistence, at rates authorized for employees of agencies under
            subchapter I of chapter 57 of title 5, United States Code, while
            away from their homes or regular places of business in the
            performance of services for the Commission.
                (3) Staff.--
                        (A) In general.--The Chairman of the Commission may,
                    without regard to the civil service laws and
                    regulations, appoint and terminate an executive director
                    and such other additional personnel as may be necessary
                    to enable the Commission to perform its duties. The
                    employment of an executive director shall be subject to
                    confirmation by the Commission.
                        (B) Compensation.--The Chairman of the Commission
                    may fix the compensation of the executive director and
                    other personnel without regard to the provisions of
                    chapter 51 and subchapter III of chapter 53 of title 5,
                    United States Code, relating to classification of
                    positions and General Schedule pay rates, except that
                    the rate of pay for the executive director and other
                    personnel may not exceed the rate payable for level V of
                    the Executive Schedule under section 5316 of such title.

    [[Page 113 STAT. 1501A-505]]

                (4) Detail of government employees.--Any Federal Government
            employee may be detailed to the Commission without
            reimbursement, and such detail shall be without interruption or
            loss of civil service status or privilege.
                (5) Procurement of temporary and intermittent services.--The
            Chairman of the Commission may procure temporary and
            intermittent services under section 3109(b) of title 5, United
            States Code, at rates for individuals which do not exceed the
            daily equivalent of the annual rate of basic pay prescribed for
            level V of the Executive Schedule under section 5316 of such
            title.

        (i) Termination.--The Commission shall terminate 30 days after the
    transmission of the report from the President as mandated in section
    1248(b).

    SEC. 1248. MULTILATERAL STRATEGY TO ADDRESS OFFSETS.

        (a) In General.--The President shall initiate a review to determine
    the feasibility of establishing, and the most effective means of
    negotiating, a multilateral treaty on standards for the use of offsets
    in international defense trade, with a goal of limiting all offset
    transactions that are considered injurious to the economy of the United
    States.
        (b) Report Required.--Not later than 90 days after the date on which
    the Commission submits the report required under section 1247(d), the
    President shall submit to the appropriate congressional committees a
    report containing the President's determination pursuant to subsection
    (a), and, if the President determines a multilateral treaty is feasible
    or desirable, a strategy for United States negotiation of such a treaty.
    One year after the date the report is submitted under the preceding
    sentence, and annually thereafter for 5 years, the President shall
    submit to the appropriate congressional committees a report detailing
    the progress toward reaching such a treaty.
        (c) Required Information.--The report required by subsection (b)
    shall include--
                (1) a description of the United States efforts to pursue
            multilateral negotiations on standards for the use of offsets in
            international defense trade;
                (2) an evaluation of existing multilateral fora as
            appropriate venues for establishing such negotiations;
                (3) a description on a country-by-country basis of any
            United States efforts to engage in negotiations to establish
            bilateral treaties or agreements with respect to the use of
            offsets in international defense trade; and
                (4) an evaluation on a country-by-country basis of any
            foreign government efforts to address the use of offsets in
            international defense trade.

        (d) Comptroller General Review.--The Comptroller General of the
    United States shall monitor and periodically report to Congress on the
    progress in reaching a multilateral treaty.

       Subtitle E--Automated Export System Relating to Export Information

    SEC. 1251. SHORT TITLE.

        This subtitle may be cited as the ``Proliferation Prevention
    Enhancement Act of 1999''.

    [[Page 113 STAT. 1501A-506]]

    SEC. 1252. MANDATORY USE OF THE AUTOMATED EXPORT SYSTEM FOR FILING
                CERTAIN SHIPPERS' EXPORT DECLARATIONS.

        (a) Authority.--Section 301 of title 13, United States Code, is
    amended by adding at the end the following new subsection:
        ``(h) The Secretary is authorized to require by regulation the
    filing of Shippers' Export Declarations under this chapter through an
    automated and electronic system for the filing of export information
    established by the Department of the Treasury.''.
        (b) Implementing Regulations.--
                (1) In general.--The Secretary of Commerce, with the
            concurrence of the Secretary of State, shall publish regulations
            in the Federal Register to require that, upon the effective date
            of those regulations, exporters (or their agents) who are
            required to file Shippers' Export Declarations under chapter 9
            of title 13, United States Code, file such Declarations through
            the Automated Export System with respect to exports of items on
            the United States Munitions List or the Commerce Control List.
                (2) Elements of the regulations.--The regulations referred
            to in paragraph (1) shall include at a minimum--
                        (A) provision by the Department of Commerce for the
                    establishment of on-line assistance services to be
                    available for those individuals who must use the
                    Automated Export System;
                        (B) provision by the Department of Commerce for
                    ensuring that an individual who is required to use the
                    Automated Export System is able to print out from the
                    System a validated record of the individual's
                    submission, including the date of the submission and a
                    serial number or other unique identifier, where
                    appropriate, for the export transaction; and
                        (C) a requirement that the Department of Commerce
                    print out and maintain on file a paper copy or other
                    acceptable back-up record of the individual's submission
                    at a location selected by the Secretary of Commerce.

        (c) Effective Date.--The amendment made by subsection (a) shall take
    effect 270 days after the Secretary of Commerce, the Secretary of the
    Treasury, and the Director of the National Institute of Standards and
    Technology jointly provide a certification to the Committee on Foreign
    Relations of the Senate and the Committee on International Relations of
    the House of Representatives that a secure Automated Export System
    available through the Internet that is capable of handling the expected
    volume of information required to be filed under subsection (b), plus
    the anticipated volume from voluntary use of the Automated Export
    System, has been successfully implemented and tested and is fully
    functional with respect to reporting all items on the United States
    Munitions List, including their quantities and destinations.

    SEC. 1253. VOLUNTARY USE OF THE AUTOMATED EXPORT SYSTEM.

        It is the sense of Congress that exporters (or their agents) who are
    required to file Shippers' Export Declarations under chapter 9 of title
    13, United States Code, but who are not required under section 1252(b)
    to file such Declarations using the Automated Export System, should do
    so.

    [[Page 113 STAT. 1501A-507]]

    SEC. 1254. REPORT TO APPROPRIATE COMMITTEES OF CONGRESS.

        (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Secretary of Commerce, in consultation with the
    Secretary of State, the Secretary of Defense, the Secretary of the
    Treasury, the Secretary of Energy, and the Director of Central
    Intelligence, shall submit a report to the appropriate committees of
    Congress setting forth--
                (1) the advisability and feasibility of mandating electronic
            filing through the Automated Export System for all Shippers'
            Export Declarations;
                (2) the manner in which data gathered through the Automated
            Export System can most effectively be used, consistent with the
            need to ensure the confidentiality of business information, by
            other automated licensing systems administered by Federal
            agencies, including--
                        (A) the Defense Trade Application System of the
                    Department of State;
                        (B) the Export Control Automated Support System of
                    the Department of Commerce;
                        (C) the Foreign Disclosure and Technology
                    Information System of the Department of Defense;
                        (D) the Proliferation Information Network System of
                    the Department of Energy;
                        (E) the Enforcement Communication System of the
                    Department of the Treasury; and
                        (F) the Export Control System of the Central
                    Intelligence Agency; and
                (3) a proposed timetable for any expansion of information
            required to be filed through the Automated Export System.

        (b) Definition.--In this section, the term ``appropriate committees
    of Congress'' means the Committee on Foreign Relations of the Senate and
    the Committee on International Relations of the House of
    Representatives.

    SEC. 1255. ACCELERATION OF DEPARTMENT OF STATE LICENSING PROCEDURES.

        Notwithstanding any other provision of law, the Secretary of State
    may use funds appropriated or otherwise made available to the Department
    of State to employ--
                (1) up to 40 percent of the individuals who are performing
            services within the Office of Defense Trade Controls of the
            Department of State in positions classified at GS-14 and GS-15
            on the General Schedule under section 5332 of title 5, United
            States Code; and
                (2) other individuals within the Office at a rate of basic
            pay that may exceed the maximum rate payable for positions
            classified at GS-15 on the General Schedule under section 5332
            of that title.

    SEC. 1256. DEFINITIONS.

        In this subtitle:
                (1) Automated export system.--The term ``Automated Export
            System'' means the automated and electronic system for filing
            export information established under chapter 9 of title 13,
            United States Code, on June 19, 1995 (60 Federal Register
            32040).

    [[Page 113 STAT. 1501A-508]]

                (2) Commerce control list.--The term ``Commerce Control
            List'' has the meaning given the term in section 774.1 of title
            15, Code of Federal Regulations.
                (3) Shippers' export declaration.--The term ``Shippers'
            Export Declaration'' means the export information filed under
            chapter 9 of title 13, United States Code, as described in part
            30 of title 15, Code of Federal Regulations.
                (4) United states munitions list.--The term ``United States
            Munitions List'' means the list of items controlled under
            section 38 of the Arms Export Control Act (22 U.S.C. 2778).

        Subtitle F--International Arms Sales Code of Conduct Act of 1999

    SEC. 1261. SHORT TITLE.

        This subtitle may be cited as the ``International Arms Sales Code of
    Conduct Act of 1999''.

    SEC. 1262. INTERNATIONAL ARMS SALES CODE OF CONDUCT.

        (a) Negotiations.--The President shall attempt to achieve the
    foreign policy goal of an international arms sales code of conduct. The
    President shall take the necessary steps to begin negotiations within
    appropriate international fora not later than 120 days after the date of
    the enactment of this Act. The purpose of these negotiations shall be to
    establish an international regime to promote global transparency with
    respect to arms transfers, including participation by countries in the
    United Nations Register of Conventional Arms, and to limit, restrict, or
    prohibit arms transfers to countries that do not observe certain
    fundamental values of human liberty, peace, and international stability.
        (b) Criteria.--The President shall consider the following criteria
    in the negotiations referred to in subsection (a):
                (1) Promotes democracy.--The government of the country--
                        (A) was chosen by and permits free and fair
                    elections;
                        (B) promotes civilian control of the military and
                    security forces and has civilian institutions
                    controlling the policy, operation, and spending of all
                    law enforcement and security institutions, as well as
                    the armed forces;
                        (C) promotes the rule of law and provides its
                    nationals the same rights that they would be afforded
                    under the United States Constitution if they were United
                    States citizens; and
                        (D) promotes the strengthening of political,
                    legislative, and civil institutions of democracy, as
                    well as autonomous institutions to monitor the conduct
                    of public officials and to combat corruption.
                (2) Respects human rights.--The government of the country--
                        (A) does not persistently engage in gross violations
                    of internationally recognized human rights, including--
                              (i) extrajudicial or arbitrary executions;
                              (ii) disappearances;
                              (iii) torture or severe mistreatment;
                              (iv) prolonged arbitrary imprisonment;

    [[Page 113 STAT. 1501A-509]]

                              (v) systematic official discrimination on the
                          basis of race, ethnicity, religion, gender,
                          national origin, or political affiliation; and
                              (vi) grave breaches of international laws of
                          war or equivalent violations of the laws of war in
                          internal armed conflicts;
                        (B) vigorously investigates, disciplines, and
                    prosecutes those responsible for gross violations of
                    internationally recognized human rights;
                        (C) permits access on a regular basis to political
                    prisoners by international humanitarian organizations;
                        (D) promotes the independence of the judiciary and
                    other official bodies that oversee the protection of
                    human rights;
                        (E) does not impede the free functioning of domestic
                    and international human rights organizations; and
                        (F) provides access on a regular basis to
                    humanitarian organizations in situations of conflict or
                    famine.
                (3) Not engaged in certain acts of armed aggression.--The
            government of the country is not engaged in acts of armed
            aggression in violation of international law.
                (4) Not supporting terrorism.--The government of the country
            does not provide support for international terrorism.
                (5) Not contributing to proliferation of weapons of mass
            destruction.--The government of the country does not contribute
            to the proliferation of weapons of mass destruction.
                (6) Regional location of country.--The country is not
            located in a region in which arms transfers would exacerbate
            regional arms races or international tensions that present a
            danger to international peace and stability.

        (c) Reports to Congress.--
                (1) Report relating to negotiations.--Not later than 6
            months after the commencement of the negotiations under
            subsection (a), and not later than the end of every 6-month
            period thereafter until an agreement described in subsection (a)
            is concluded, the President shall report to the Committee on
            International Relations of the House of Representatives and the
            Committee on Foreign Relations of the Senate on the progress
            made during these negotiations.
                (2) Human rights reports.--In the report required in
            sections 116(d) and 502B(b) of the Foreign Assistance Act of
            1961 (22 U.S.C. 2151n(b) and 2304(b)), the Secretary of State
            shall describe the extent to which the practices of each country
            evaluated meet the criteria in paragraphs (1)(A) and (2) of
            subsection (a).

       Subtitle G--Transfer of Naval Vessels to Certain Foreign Countries

    SEC. 1271. AUTHORITY TO TRANSFER NAVAL VESSELS.

        (a) Inapplicability of Aggregate Annual Limitation on Value of
    Transferred Excess Defense Articles.--The value of a vessel transferred
    to another country on a grant basis under section 516 of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to authority provided
    by section 1018(a) of the National Defense Authorization Act for Fiscal
    Year 2000 shall not be counted

    [[Page 113 STAT. 1501A-510]]

    for the purposes of section 516(g) of the Foreign Assistance Act of 1961
    in the aggregate value of excess defense articles transferred to
    countries under that section in any fiscal year.
        (b) Technical and Conforming Amendments.--Section 1018 of the
    National Defense Authorization Act for Fiscal Year 2000 is amended--
                (1) in subsections (a) and (d), by striking ``Secretary of
            the Navy'' each place it appears and inserting ``President'';
                (2) by striking subsection (b); and
                (3) by redesignating subsections (c) through (e) as
            subsections (b) through (d), respectively.

                      TITLE XIII--MISCELLANEOUS PROVISIONS

    SEC. 1301. PUBLICATION OF ARMS SALES CERTIFICATIONS.

        (a) In General.--Section 36 of the Arms Export Control Act (22
    U.S.C. 2776) is amended in the second subsection (e) (as added by
    section 155 of Public Law 104-164)--
                (1) by inserting ``in a timely manner'' after ``to be
            published''; and
                (2) by striking ``the full unclassified text of'' and all
            that follows and inserting the following: ``the full
            unclassified text of--
                ``(1) each numbered certification submitted pursuant to
            subsection (b);
                ``(2) each notification of a proposed commercial sale
            submitted under subsection (c); and
                ``(3) each notification of a proposed commercial technical
            assistance or manufacturing licensing agreement submitted under
            subsection (d).''.

        (b) Notice of Classified Arms Sales.--
                (1) Government-to-government sales.--Section 36(b)(1) of the
            Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended in the
            sixth sentence by inserting before the period at the end the
            following: ``, in which case the information shall be
            accompanied by a description of the damage to the national
            security that could be expected to result from public disclosure
            of the information''.
                (2) Commercial sales.--Section 36(c)(1) of the Arms Export
            Control Act (22 U.S.C. 2776(c)(1)) is amended in the fifth
            sentence by inserting before the period at the end the
            following: ``, in which case the information shall be
            accompanied by a description of the damage to the national
            security that could be expected to result from public disclosure
            of the information''.

    SEC. 1302. NOTIFICATION REQUIREMENTS FOR COMMERCIAL EXPORT OF ITEMS ON
                UNITED STATES MUNITIONS LIST.

        (a) Notification Requirement.--Section 38 of the Arms Export Control
    Act (22 U.S.C. 2778) is amended by adding at the end the following:
        ``(i) As prescribed in regulations issued under this section, a
    United States person to whom a license has been granted to export an
    item on the United States Munitions List shall, not later than 15 days
    after the item is exported, submit to the Department

    [[Page 113 STAT. 1501A-511]]

    of State a report containing all shipment information, including a
    description of the item and the quantity, value, port of exit, and end-
    user and country of destination of the item.''.
        (b) Quarterly Reports to Congress.--Section 36(a) of the Arms Export
    Control Act (22 U.S.C. 2776(a)) is amended--
                        (A) in paragraph (11), by striking ``and'' at the
                    end;
                        (B) in paragraph (12), by striking ``third-party
                    transfers.'' and inserting ``third-party transfers;
                    and''; and
                        (C) by adding after paragraph (12) (but before the
                    last sentence of the subsection), the following:
                ``(13) a report on all exports of significant military
            equipment for which information has been provided pursuant to
            section 38(i).''.

    SEC. 1303. ENFORCEMENT OF ARMS EXPORT CONTROL ACT.

        The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended in
    sections 38(e), 39A(c), and 40(k) by inserting after ``except that''
    each place it appears the following: ``section 11(c)(2)(B) of such Act
    shall not apply, and instead, as prescribed in regulations issued under
    this section, the Secretary of State may assess civil penalties for
    violations of this Act and regulations prescribed thereunder and further
    may commence a civil action to recover such civil penalties, and except
    further that''.

    SEC. 1304. VIOLATIONS RELATING TO MATERIAL SUPPORT TO TERRORISTS.

        Section 38(g)(1)(A)(iii) of the Arms Export Control Act (22 U.S.C.
    2778(g)(1)(A)(iii)) is amended by adding at the end before the comma the
    following: ``or section 2339A of such title (relating to providing
    material support to terrorists)''.

    SEC. 1305. AUTHORITY TO CONSENT TO THIRD PARTY TRANSFER OF EX-U.S.S.
                BOWMAN COUNTY TO USS LST SHIP MEMORIAL, INC.

        (a) Findings.--Congress makes the following findings:
                (1) It is the long-standing policy of the United States
            Government to deny requests for the retransfer of significant
            military equipment that originated in the United States to
            private entities.
                (2) In very exceptional circumstances, when the United
            States public interest would be served by the proposed
            retransfer and end-use, such requests may be favorably
            considered.
                (3) Such retransfers to private entities have been
            authorized in very exceptional circumstances following
            appropriate demilitarization and receipt of assurances from the
            private entity that the item to be transferred would be used
            solely in furtherance of Federal Government contracts or for
            static museum display.
                (4) Nothing in this section should be construed as a
            revision of long-standing policy referred to in paragraph (1).
                (5) The Government of Greece has requested the consent of
            the United States Government to the retransfer of HS Rodos (ex-
            U.S.S. Bowman County (LST 391)) to the USS LST Ship Memorial,
            Inc.

        (b) Authority To Consent to Retransfer.--
                (1) In general.--Subject to paragraph (2), the President may
            consent to the retransfer by the Government of Greece

    [[Page 113 STAT. 1501A-512]]

            of HS Rodos (ex-U.S.S. Bowman County (LST 391)) to the USS LST
            Ship Memorial, Inc.
                (2) Conditions for consent.--The President should not
            exercise the authority under paragraph (1) unless USS LST
            Memorial, Inc.--
                        (A) utilizes the vessel for public, nonprofit,
                    museum-related purposes; and
                        (B) complies with applicable law with respect to the
                    vessel, including law related to demilitarization of
                    guns prior to transfer and to facilitation of Federal
                    Government monitoring and mitigation of potential
                    environmental hazards associated with aging vessels, and
                    has a demonstrated financial capability to so comply.

    SEC. 1306. ANNUAL MILITARY ASSISTANCE REPORT.

        (a) Information Relating to Military Assistance and Military
    Exports.--Section 655(b) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2415(b)) is amended to read as follows:
        ``(b) Information Relating to Military Assistance and Military
    Exports.--Each such report shall show the aggregate dollar value and
    quantity of defense articles (including excess defense articles),
    defense services, and international military education and training
    activities authorized by the United States and of such articles,
    services, and activities provided by the United States, excluding any
    activity that is reportable under title V of the National Security Act
    of 1947, to each foreign country and international organization. The
    report shall specify, by category, whether such defense articles--
                ``(1) were furnished by grant under chapter 2 or chapter 5
            of part II of this Act or under any other authority of law or by
            sale under chapter 2 of the Arms Export Control Act;
                ``(2) were furnished with the financial assistance of the
            United States Government, including through loans and
            guarantees; or
                ``(3) were licensed for export under section 38 of the Arms
            Export Control Act.''.

        (b) Availability on Internet.--Section 655 of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2415) is amended by adding at the end the
    following:
        ``(d) Availability on Internet.--All unclassified portions of such
    report shall be made available to the public on the Internet through the
    Department of State.''.

    SEC. 1307. ANNUAL FOREIGN MILITARY TRAINING REPORT.

        Chapter 3 of part III of the Foreign Assistance Act of 1961 (22
    U.S.C. 2401 et seq.) is amended by inserting after section 655 the
    following:

    ``SEC. 656. ANNUAL FOREIGN MILITARY TRAINING REPORT.

        ``(a) Annual Report.--Not later than January 31 of each year, the
    Secretary of Defense and the Secretary of State shall jointly prepare
    and submit to the appropriate congressional committees a report on all
    military training provided to foreign military personnel by the
    Department of Defense and the Department of State during the previous
    fiscal year and all such training proposed for the current fiscal year.
        ``(b) Contents.--The report described in subsection (a) shall
    include the following:

    [[Page 113 STAT. 1501A-513]]

                ``(1) For each military training activity, the foreign
            policy justification and purpose for the activity, the number of
            foreign military personnel provided training and their units of
            operation, and the location of the training.
                ``(2) For each country, the aggregate number of students
            trained and the aggregate cost of the military training
            activities.
                ``(3) With respect to United States personnel, the
            operational benefits to United States forces derived from each
            military training activity and the United States military units
            involved in each activity.

        ``(c) Form.--The report described in subsection (a) shall be in
    unclassified form but may include a classified annex.
        ``(d) Availability on Internet.--All unclassified portions of the
    report described in subsection (a) shall be made available to the public
    on the Internet through the Department of State.
        ``(e) Definition.--In this section, the term `appropriate
    congressional committees' means--
                ``(1) the Committee on Appropriations and the Committee on
            International Relations of the House of Representatives; and
                ``(2) the Committee on Appropriations and the Committee on
            Foreign Relations of the Senate.''.

    SEC. 1308. SECURITY ASSISTANCE FOR THE PHILIPPINES.

        (a) Statement of Policy.--The Congress declares the following:
                (1) The President should transfer to the Government of the
            Philippines, on a grant basis under section 516 of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2321j), the excess defense
            articles described in subsection (b).
                (2) The United States should not oppose the transfer of F-5
            aircraft by a third country to the Government of the
            Philippines.

        (b) Excess Defense Articles.--The excess defense articles described
    in this subsection are the following:
                (1) UH-1 helicopters and A-4 aircraft.
                (2) Amphibious landing craft, naval patrol vessels
            (including patrol vessels of the Coast Guard), and other naval
            vessels (such as frigates), if such vessels are available.

        (c) Funding.--Of the amounts made available to carry out section 23
    of the Arms Export Control Act (22 U.S.C. 2763) for fiscal years 2000
    and 2001, $5,000,000 for each such fiscal year should be made available
    for assistance on a grant basis for the Philippines.

    SEC. 1309. EFFECTIVE REGULATION OF SATELLITE EXPORT ACTIVITIES.

        (a) Licensing regime.--
                (1) Establishment.--The Secretary of State shall establish a
            regulatory regime for the licensing for export of commercial
            satellites, satellite technologies, their components, and
            systems which shall include expedited approval, as appropriate,
            of the licensing for export by United States companies of
            commercial satellites, satellite technologies, their components,
            and systems, to NATO allies and major non-NATO allies (as used
            within the meaning of section 644(q) of the Foreign Assistance
            Act of 1961).

    [[Page 113 STAT. 1501A-514]]

                (2) Requirements.--For proposed exports to those nations
            which meet the requirements of paragraph (1), the regime should
            include expedited processing of requests for export
            authorizations that--
                        (A) are time-critical, including a transfer or
                    exchange of information relating to a satellite failure
                    or anomaly in-flight or on-orbit;
                        (B) are required to submit bids to procurements
                    offered by foreign persons;
                        (C) relate to the re-export of unimproved materials,
                    products, or data; or
                        (D) are required to obtain launch and on-orbit
                    insurance.
                (3) Additional requirements.--In establishing the regulatory
            regime under paragraph (1), the Secretary of State shall ensure
            that--
                        (A) United States national security considerations
                    and United States obligations under the Missile
                    Technology Control Regime are given priority in the
                    evaluation of any license; and
                        (B) such time is afforded as is necessary for the
                    Department of Defense, the Department of State, and the
                    United States intelligence community to conduct a review
                    of any license.

        (b) Financial and Personnel Resources.--Of the funds authorized to
    be appropriated in section 101(1)(A), $9,000,000 is authorized to be
    appropriated for the Office of Defense Trade Controls of the Department
    of State for each of the fiscal years 2000 and 2001, to enable that
    office to carry out its responsibilities.
        (c) Improvement and Assessment.--The Secretary of State should, not
    later than 6 months after the date of the enactment of this Act, submit
    to the Congress a plan for--
                (1) continuously gathering industry and public suggestions
            for potential improvements in the Department of State's export
            control regime for commercial satellites; and
                (2) arranging for the conduct and submission to Congress,
            not later than 15 months after the date of the enactment of this
            Act, of an independent review of the export control regime for
            commercial satellites as to its effectiveness at promoting
            national security and economic competitiveness.

    SEC. 1310. STUDY ON LICENSING PROCESS UNDER THE ARMS EXPORT CONTROL ACT.

        (a) Study.--Not later than 180 days after the date of enactment of
    this Act, the Secretary of State should submit to the Committee on
    Foreign Relations of the Senate and the Committee on International
    Relations of the House of Representatives a study on the performance of
    the licensing process pursuant to the Arms Export Control Act (22 U.S.C.
    2751 et seq.), with recommendations on how to improve that performance.
        (b) Contents.--The study should include the following:
                (1) An analysis of the typology of licenses on which action
            was completed in 1999. The analysis should provide information
            on major categories of license requests, including--
                        (A) the number for nonautomatic small arms,
                    automatic small arms, technical data, parts and
                    components, and other weapons;

    [[Page 113 STAT. 1501A-515]]

                        (B) the percentage of each category staffed to other
                    agencies;
                        (C) the average and median time taken for the
                    processing cycle for each category when staffed and not
                    staffed;
                        (D) the average time taken by Presidential or
                    National Security Council review or scrutiny, if
                    significant; and
                        (E) the average time spent at the Department of
                    State after a decision had been taken on a license but
                    before a contractor was notified of the decision.
            For each major category of license requests under this
            paragraph, the study should include a breakdown of licenses by
            country and the identity of each country that has been
            identified in the past three years pursuant to section 3(e) of
            the Arms Export Control Act (22 U.S.C. 2753(e)).
                (2) A review of the current computer capabilities of the
            Department of State relevant to the processing of licenses and
            its capability to communicate electronically with other agencies
            and contractors, and what improvements could be made that would
            speed the process, including the cost for such improvements.
                (3) An analysis of the work load and salary structure for
            export licensing officers of the Office of Defense Trade
            Controls of the Department of State as compared to comparable
            jobs at the Department of Commerce and the Department of
            Defense.
                (4) Any suggestions of the Department of State relating to
            resources and regulations, and any relevant statutory changes
            that might expedite the licensing process while furthering the
            objectives of the Arms Export Control Act (22 U.S.C. 2751 et
            seq.).

    SEC. 1311. REPORT CONCERNING PROLIFERATION OF SMALL ARMS.

        (a) In General.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of State shall submit to the
    appropriate committees of Congress a report containing--
                (1) an assessment of whether the global trade in small arms
            poses any proliferation problems, including--
                        (A) estimates of the numbers and sources of licit
                    and illicit small arms and light arms in circulation and
                    their origins;
                        (B) the challenges associated with monitoring small
                    arms; and
                        (C) the political, economic, and security dimensions
                    of this issue, and the threats posed, if any, by these
                    weapons to United States interests, including national
                    security interests;
                (2) an assessment of whether the export of small arms of the
            type sold commercially in the United States should be considered
            a foreign policy or proliferation issue;
                (3) a description and analysis of the adequacy of current
            Department of State activities to monitor and, to the extent
            possible, ensure adequate control of, both the licit and illicit
            manufacture, transfer, and proliferation of small arms and light
            weapons, including efforts to survey and assess this matter with
            respect to Africa and to survey and assess the scope

    [[Page 113 STAT. 1501A-516]]

            and scale of the issue, including stockpile security and
            destruction of excess inventory, in NATO and Partnership for
            Peace countries;
                (4) a description of the impact of the reorganization of the
            Department of State made by the Foreign Affairs Reform and
            Restructuring Act of 1998 on the transfer of functions relating
            to monitoring, licensing, analysis, and policy on small arms and
            light weapons, including--
                        (A) the integration of and the functions relating to
                    small arms and light weapons of the United States Arms
                    Control and Disarmament Agency with those of the
                    Department of State;
                        (B) the functions of the Bureau of Arms Control, the
                    Bureau of Nonproliferation, the Bureau of Political-
                    Military Affairs, the Bureau of International Narcotics
                    and Law Enforcement, regional bureaus, and any other
                    relevant bureau or office of the Department of State,
                    including the allocation of personnel and funds, as they
                    pertain to small arms and light weapons;
                        (C) the functions of the regional bureaus of the
                    Department of State in providing information and policy
                    coordination in bilateral and multilateral settings on
                    small arms and light weapons;
                        (D) the functions of the Under Secretary of State
                    for Arms Control and International Security pertaining
                    to small arms and light weapons; and
                        (E) the functions of the scientific and policy
                    advisory board on arms control, nonproliferation, and
                    disarmament pertaining to small arms and light weapons;
                    and
                (5) an assessment of whether foreign governments are
            enforcing their own laws concerning small arms and light weapons
            import and sale, including commitments under the Inter-American
            Convention Against the Illicit Manufacturing of and Trafficking
            in Firearms, Ammunition, Explosives, and Other Related Materials
            or other relevant international agreements.

        (b) Definition.--In this section, the term ``appropriate committees
    of Congress'' means the Committee on Foreign Relations and the Select
    Committee on Intelligence of the Senate and the Committee on
    International Relations and the Permanent Select Committee on
    Intelligence of the House of Representatives.

    SEC. 1312. CONFORMING AMENDMENT.

        Subsection (d) of section 248 of the Strom Thurmond National Defense
    Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat.
    1958) is amended by inserting ``, and to the Committee on Foreign
    Relations of the Senate and the Committee on International Relations of
    the House of Representatives,'' after ``congressional defense
    committees''.

    [[Page 113 STAT. 1501A-517]]

                              APPENDIX H--H.R. 3428

    SECTION 1. USE OF OPTION 1A AS PRICE STRUCTURE FOR CLASS I MILK UNDER
                CONSOLIDATED FEDERAL MILK MARKETING ORDERS.

        (a) Final Rule Defined.--In this section, the term ``final rule''
    means the final rule for the consolidation and reform of Federal milk
    marketing orders that was published in the Federal Register on September
    1, 1999 (64 Fed. Reg. 47897-48021), to comply with section 143 of the
    Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7253).
        (b) Implementation of Final Rule for Milk Order Reform.--Subject to
    subsection (c), the final rule shall take effect, and be implemented by
    the Secretary of Agriculture, on the first day of the first month
    beginning at least 30 days after the date of the enactment of this Act.
        (c) Use of Option 1A for Pricing Class I Milk.--In lieu of the Class
    I price differentials specified in the final rule, the Secretary of
    Agriculture shall price fluid or Class I milk under the Federal milk
    marketing orders using the Class I price differentials identified as
    Option 1A ``Location-Specific Differentials Analysis'' in the proposed
    rule published in the Federal Register on January 30, 1998 (63 Fed. Reg.
    4802, 4809), except that the Secretary shall include the corrections and
    modifications to such Class I differentials made by the Secretary
    through April 2, 1999.
        (d) Effect of Prior Announcement of Minimum Prices.--If the
    Secretary of Agriculture announces minimum prices for milk under Federal
    milk marketing orders pursuant to section 1000.50 of title 7, Code of
    Federal Regulations, before the effective date specified in subsection
    (b), the minimum prices so announced before that date shall be the only
    applicable minimum prices under Federal milk marketing orders for the
    month or months for which the prices have been announced.
        (e) Implementation of Requirement.--The implementation of the final
    rule, as modified by subsection (c), shall not be subject to any of the
    following:
                (1) The notice and hearing requirements of section 8c(3) of
            the Agricultural Adjustment Act (7 U.S.C. 608c(3)), reenacted
            with amendments by the Agricultural Marketing Agreement Act of
            1937, or the notice and comment provisions of section 553 of
            title 5, United States Code.
                (2) A referendum conducted by the Secretary of Agriculture
            pursuant to subsections (17) or (19) of section 8c of the
            Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with
            amendments by the Agricultural Marketing Agreement Act of 1937.

    [[Page 113 STAT. 1501A-518]]

                (3) The Statement of Policy of the Secretary of Agriculture
            effective July 24, 1971 (36 Fed. Reg. 13804), relating to
            notices of proposed rulemaking and public participation in
            rulemaking.
                (4) Chapter 35 of title 44, United States Code (commonly
            known as the Paperwork Reduction Act).
                (5) Any decision, restraining order, or injunction issued by
            a United States court before the date of the enactment of this
            Act.

    SEC. 2. FURTHER RULEMAKING TO DEVELOP PRICING METHODS FOR CLASS III AND
                CLASS IV MILK UNDER MARKETING ORDERS.

        (a) Congressional Finding.--The Class III and Class IV milk pricing
    formulas included in the final decision for the consolidation and reform
    of Federal milk marketing orders, as published in the Federal Register
    on April 2, 1999 (64 Fed. Reg. 16025), do not adequately reflect public
    comment on the original proposed rule published in the Federal Register
    on January 30, 1998 (63 Fed. Reg. 4802), and are sufficiently different
    from the proposed rule and any comments submitted with regard to the
    proposed rule that further emergency rulemaking is merited.
        (b) Rulemaking Required.--The Secretary of Agriculture shall conduct
    rulemaking, on the record after an opportunity for an agency hearing, to
    reconsider the Class III and Class IV milk pricing formulas included in
    the final rule for the consolidation and reform of Federal milk
    marketing orders that was published in the Federal Register on September
    1, 1999 (64 Fed. Reg. 47897-48021).
        (c) Time Period for Rulemaking.--On December 1, 2000, the Secretary
    of Agriculture shall publish in the Federal Register a final decision on
    the Class III and Class IV milk pricing formulas. The resulting formulas
    shall take effect, and be implemented by the Secretary, on January 1,
    2001.
        (d) Effect of Court Order.--The actions authorized by subsections
    (b) and (c) are intended to ensure the timely publication and
    implementation of new pricing formulas for Class III and Class IV milk.
    In the event that the Secretary of Agriculture is enjoined or otherwise
    restrained by a court order from implementing a final decision within
    the time period specified in subsection (c), the length of time for
    which that injunction or other restraining order is effective shall be
    added to the time limitations specified in subsection (c) thereby
    extending those time limitations by a period of time equal to the period
    of time for which the injunction or other restraining order is
    effective.
        (e) Failure To Timely Complete Rulemaking.--If the Secretary of
    Agriculture fails to implement new Class III and Class IV milk pricing
    formulas within the time period required under subsection (c) (plus any
    additional period provided under subsection (d)), the Secretary may not
    assess or collect assessments from milk producers or handlers under
    section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted
    with amendments by the Agricultural Marketing Agreement Act of 1937, for
    marketing order administration and services provided under such section
    after the end of that period until the pricing formulas are implemented.
    The Secretary may not reduce the level of services provided under that
    section on account of the prohibition against assessments, but shall
    rather cover the cost of marketing order administration

    [[Page 113 STAT. 1501A-519]]

    and services through funds available for the Agricultural Marketing
    Service of the Department.
        (f) Implementation of Requirement.--The implementation of the final
    decision on new Class III and Class IV milk pricing formulas shall not
    be subject to congressional review under chapter 8 of title 5, United
    States Code.

    SEC. 3. DAIRY FORWARD PRICING PROGRAM.

        The Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted
    with amendments by the Agricultural Marketing Agreement Act of 1937, is
    amended by adding at the end the following new section:

    ``SEC. 23. DAIRY FORWARD PRICING PILOT PROGRAM.

        ``(a) Pilot Program Required.--Not later than 90 days after the date
    of the enactment of this section, the Secretary of Agriculture shall
    establish a temporary pilot program under which milk producers and
    cooperatives are authorized to voluntarily enter into forward price
    contracts with milk handlers.
        ``(b) Minimum Milk Price Requirements.--Payments made by milk
    handlers to milk producers and cooperatives, and prices received by milk
    producers and cooperatives, under the forward contracts shall be deemed
    to satisfy--
                ``(1) all regulated minimum milk price requirements of
            paragraphs (B) and (F) of subsection (5) of section 8c; and
                ``(2) the requirement of paragraph (C) of such subsection
            regarding total payments by each handler.

        ``(c) Milk Covered by Pilot Program.--
                ``(1) Covered milk.--The pilot program shall apply only with
            respect to the marketing of federally regulated milk that--
                        ``(A) is not classified as Class I milk or otherwise
                    intended for fluid use; and
                        ``(B) is in the current of interstate or foreign
                    commerce or directly burdens, obstructs, or affects
                    interstate or foreign commerce in federally regulated
                    milk.
                ``(2) Relation to class i milk.--To assist milk handlers in
            complying with the limitation in paragraph (1)(A) without having
            to segregate or otherwise individually track the source and
            disposition of milk, a milk handler may allocate milk receipts
            from producers, cooperatives, and other sources that are not
            subject to a forward contract to satisfy the handler's
            obligations with regard to Class I milk usage.

        ``(d) Duration.--The authority of the Secretary of Agriculture to
    carry out the pilot program shall terminate on December 31, 2004. No
    forward price contract entered into under the program may extend beyond
    that date.
        ``(e) Study and Report on Effect of Pilot Program.--
                ``(1) Study.--The Secretary of Agriculture shall conduct a
            study on forward contracting between milk producers and
            cooperatives and milk handlers to determine the impact on milk
            prices paid to producers in the United States. To obtain
            information for the study, the Secretary may use the authorities
            available to the Secretary under section 8d, subject to the
            confidentiality requirements of subsection (2) of such section.
                ``(2) Report.--Not later than April 30, 2002, the Secretary
            shall submit to the Committee on Agriculture, Nutrition and
            Forestry of the Senate and the Committee on Agriculture of

    [[Page 113 STAT. 1501A-520]]

            the House of Representatives a report containing the results of
            the study.''.

    SEC. 4. CONTINUATION OF CONGRESSIONAL CONSENT FOR NORTHEAST INTERSTATE
                DAIRY COMPACT.

        Section 147(3) of the Agricultural Market Transition Act (7 U.S.C.
    7256(3)) is amended by striking ``concurrent with'' and all that follows
    through the period at the end and inserting ``on September 30, 2001.''.

    [[Page 113 STAT. 1501A-521]]

                               APPENDIX I--S. 1948

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``Intellectual
    Property and Communications Omnibus Reform Act of 1999''.
        (b) Table of Contents.--The table of contents of this Act is as
    follows:

    Sec. 1. Short title; table of contents.

                   TITLE I--SATELLITE HOME VIEWER IMPROVEMENT

    Sec. 1001. Short title.
    Sec. 1002. Limitations on exclusive rights; secondary transmissions by
                          satellite carriers within local markets.
    Sec. 1003. Extension of effect of amendments to section 119 of title 17,
                          United States Code.
    Sec. 1004. Computation of royalty fees for satellite carriers.
    Sec. 1005. Distant signal eligibility for consumers.
    Sec. 1006. Public broadcasting service satellite feed.
    Sec. 1007. Application of Federal Communications Commission regulations.
    Sec. 1008. Rules for satellite carriers retransmitting television
                          broadcast signals.
    Sec. 1009. Retransmission consent.
    Sec. 1010. Severability.
    Sec. 1011. Technical amendments.
    Sec. 1012. Effective dates.

                    TITLE II--RURAL LOCAL TELEVISION SIGNALS

    Sec. 2001. Short title.
    Sec. 2002. Local television service in unserved and underserved markets.

                   TITLE III--TRADEMARK CYBERPIRACY PREVENTION

    Sec. 3001. Short title; references.
    Sec. 3002. Cyberpiracy prevention.
    Sec. 3003. Damages and remedies.
    Sec. 3004. Limitation on liability.
    Sec. 3005. Definitions.
    Sec. 3006. Study on abusive domain name registrations involving personal
                          names.
    Sec. 3007. Historic preservation.
    Sec. 3008. Savings clause.
    Sec. 3009. Technical and conforming amendments.
    Sec. 3010. Effective date.

                          TITLE IV--INVENTOR PROTECTION

    Sec. 4001. Short title.

                          Subtitle A--Inventors' Rights

    Sec. 4101. Short title.
    Sec. 4102. Integrity in invention promotion services.
    Sec. 4103. Effective date.

                  Subtitle B--Patent and Trademark Fee Fairness

    Sec. 4201. Short title.
    Sec. 4202. Adjustment of patent fees.
    Sec. 4203. Adjustment of trademark fees.
    Sec. 4204. Study on alternative fee structures.
    Sec. 4205. Patent and Trademark Office funding.

    [[Page 113 STAT. 1501A-522]]

    Sec. 4206. Effective date.

                       Subtitle C--First Inventor Defense

    Sec. 4301. Short title.
    Sec. 4302. Defense to patent infringement based on earlier inventor.
    Sec. 4303. Effective date and applicability.

                        Subtitle D--Patent Term Guarantee

    Sec. 4401. Short title.
    Sec. 4402. Patent term guarantee authority.
    Sec. 4403. Continued examination of patent applications.
    Sec. 4404. Technical clarification.
    Sec. 4405. Effective date.

    Subtitle E--Domestic Publication of Patent Applications Published Abroad

    Sec. 4501. Short title.
    Sec. 4502. Publication.
    Sec. 4503. Time for claiming benefit of earlier filing date.
    Sec. 4504. Provisional rights.
    Sec. 4505. Prior art effect of published applications.
    Sec. 4506. Cost recovery for publication.
    Sec. 4507. Conforming amendments.
    Sec. 4508. Effective date.

            Subtitle F--Optional Inter Partes Reexamination Procedure

    Sec. 4601. Short title.
    Sec. 4602. Ex parte reexamination of patents.
    Sec. 4603. Definitions.
    Sec. 4604. Optional inter partes reexamination procedures.
    Sec. 4605. Conforming amendments.
    Sec. 4606. Report to Congress.
    Sec. 4607. Estoppel effect of reexamination.
    Sec. 4608. Effective date.

                     Subtitle G--Patent and Trademark Office

    Sec. 4701. Short title.

              Chapter 1--United States Patent and Trademark Office

    Sec. 4711. Establishment of Patent and Trademark Office.
    Sec. 4712. Powers and duties.
    Sec. 4713. Organization and management.
    Sec. 4714. Public advisory committees.
    Sec. 4715. Conforming amendments.
    Sec. 4716. Trademark Trial and Appeal Board.
    Sec. 4717. Board of Patent Appeals and Interferences.
    Sec. 4718. Annual report of Director.
    Sec. 4719. Suspension or exclusion from practice.
    Sec. 4720. Pay of Director and Deputy Director.

                 Chapter 2--Effective Date; Technical Amendments

    Sec. 4731. Effective date.
    Sec. 4732. Technical and conforming amendments.

                       Chapter 3--Miscellaneous Provisions

    Sec. 4741. References.
    Sec. 4742. Exercise of authorities.
    Sec. 4743. Savings provisions.
    Sec. 4744. Transfer of assets.
    Sec. 4745. Delegation and assignment.
    Sec. 4746. Authority of Director of the Office of Management and Budget
                          with respect to functions transferred.
    Sec. 4747. Certain vesting of functions considered transfers.
    Sec. 4748. Availability of existing funds.
    Sec. 4749. Definitions.

                   Subtitle H--Miscellaneous Patent Provisions

    Sec. 4801. Provisional applications.
    Sec. 4802. International applications.
    Sec. 4803. Certain limitations on damages for patent infringement not
                          applicable.

    [[Page 113 STAT. 1501A-523]]

    Sec. 4804. Electronic filing and publications.
    Sec. 4805. Study and report on biological deposits in support of
                          biotechnology patents.
    Sec. 4806. Prior invention.
    Sec. 4807. Prior art exclusion for certain commonly assigned patents.
    Sec. 4808. Exchange of copies of patents with foreign countries.

                        TITLE V--MISCELLANEOUS PROVISIONS

    Sec. 5001. Commission on online child protection.
    Sec. 5002. Privacy protection for donors to public broadcasting
                          entities.
    Sec. 5003. Completion of biennial regulatory review.
    Sec. 5004. Public broadcasting entities.
    Sec. 5005. Technical amendments relating to vessel hull design
                          protection.
    Sec. 5006. Informal rulemaking of copyright determination.
    Sec. 5007. Service of process for surety corporations.
    Sec. 5008. Low-power television.

                      TITLE VI--SUPERFUND RECYCLING EQUITY

    Sec. 6001. Superfund recycling equity.

                   TITLE I--SATELLITE HOME VIEWER IMPROVEMENT

    SEC. 1001. SHORT TITLE.

        This title may be cited as the ``Satellite Home Viewer Improvement
    Act of 1999''.
    SEC. 1002. LIMITATIONS ON EXCLUSIVE RIGHTS; SECONDARY
                              TRANSMISSIONS BY SATELLITE CARRIERS
                              WITHIN LOCAL MARKETS.

        (a) In General.--Chapter 1 of title 17, United States Code, is
    amended by adding after section 121 the following new section:
    ``Sec. 122. Limitations on exclusive rights; secondary
                    transmissions by satellite carriers within local
                    markets

        ``(a) Secondary Transmissions of Television Broadcast Stations by
    Satellite Carriers.--A secondary transmission of a performance or
    display of a work embodied in a primary transmission of a television
    broadcast station into the station's local market shall be subject to
    statutory licensing under this section if--
                ``(1) the secondary transmission is made by a satellite
            carrier to the public;
                ``(2) with regard to secondary transmissions, the satellite
            carrier is in compliance with the rules, regulations, or
            authorizations of the Federal Communications Commission
            governing the carriage of television broadcast station signals;
            and
                ``(3) the satellite carrier makes a direct or indirect
            charge for the secondary transmission to--
                        ``(A) each subscriber receiving the secondary
                    transmission; or
                        ``(B) a distributor that has contracted with the
                    satellite carrier for direct or indirect delivery of the
                    secondary transmission to the public.

        ``(b) Reporting Requirements.--
                ``(1) Initial lists.--A satellite carrier that makes
            secondary transmissions of a primary transmission made by a
            network station under subsection (a) shall, within 90 days after
            commencing such secondary transmissions, submit to the network

    [[Page 113 STAT. 1501A-524]]

            that owns or is affiliated with the network station a list
            identifying (by name in alphabetical order and street address,
            including county and zip code) all subscribers to which the
            satellite carrier makes secondary transmissions of that primary
            transmission under subsection (a).
                ``(2) Subsequent lists.--After the list is submitted under
            paragraph (1), the satellite carrier shall, on the 15th of each
            month, submit to the network a list identifying (by name in
            alphabetical order and street address, including county and zip
            code) any subscribers who have been added or dropped as
            subscribers since the last submission under this subsection.
                ``(3) Use of subscriber information.--Subscriber information
            submitted by a satellite carrier under this subsection may be
            used only for the purposes of monitoring compliance by the
            satellite carrier with this section.
                ``(4) Requirements of networks.--The submission requirements
            of this subsection shall apply to a satellite carrier only if
            the network to which the submissions are to be made places on
            file with the Register of Copyrights a document identifying the
            name and address of the person to whom such submissions are to
            be made. The Register of Copyrights shall maintain for public
            inspection a file of all such documents.

        ``(c) No Royalty Fee Required.--A satellite carrier whose secondary
    transmissions are subject to statutory licensing under subsection (a)
    shall have no royalty obligation for such secondary transmissions.
        ``(d) Noncompliance With Reporting and Regulatory Requirements.--
    Notwithstanding subsection (a), the willful or repeated secondary
    transmission to the public by a satellite carrier into the local market
    of a television broadcast station of a primary transmission embodying a
    performance or display of a work made by that television broadcast
    station is actionable as an act of infringement under section 501, and
    is fully subject to the remedies provided under sections 502 through 506
    and 509, if the satellite carrier has not complied with the reporting
    requirements of subsection (b) or with the rules, regulations, and
    authorizations of the Federal Communications Commission concerning the
    carriage of television broadcast signals.
        ``(e) Willful Alterations.--Notwithstanding subsection (a), the
    secondary transmission to the public by a satellite carrier into the
    local market of a television broadcast station of a performance or
    display of a work embodied in a primary transmission made by that
    television broadcast station is actionable as an act of infringement
    under section 501, and is fully subject to the remedies provided by
    sections 502 through 506 and sections 509 and 510, if the content of the
    particular program in which the performance or display is embodied, or
    any commercial advertising or station announcement transmitted by the
    primary transmitter during, or immediately before or after, the
    transmission of such program, is in any way willfully altered by the
    satellite carrier through changes, deletions, or additions, or is
    combined with programming from any other broadcast signal.
        ``(f ) Violation of Territorial Restrictions on Statutory License
    for Television Broadcast Stations.--
                ``(1) Individual violations.--The willful or repeated
            secondary transmission to the public by a satellite carrier of a
            primary transmission embodying a performance or display of

    [[Page 113 STAT. 1501A-525]]

            a work made by a television broadcast station to a subscriber
            who does not reside in that station's local market, and is not
            subject to statutory licensing under section 119 or a private
            licensing agreement, is actionable as an act of infringement
            under section 501 and is fully subject to the remedies provided
            by sections 502 through 506 and 509, except that--
                        ``(A) no damages shall be awarded for such act of
                    infringement if the satellite carrier took corrective
                    action by promptly withdrawing service from the
                    ineligible subscriber; and
                        ``(B) any statutory damages shall not exceed $5 for
                    such subscriber for each month during which the
                    violation occurred.
                ``(2) Pattern of violations.--If a satellite carrier engages
            in a willful or repeated pattern or practice of secondarily
            transmitting to the public a primary transmission embodying a
            performance or display of a work made by a television broadcast
            station to subscribers who do not reside in that station's local
            market, and are not subject to statutory licensing under section
            119 or a private licensing agreement, then in addition to the
            remedies under paragraph (1)--
                        ``(A) if the pattern or practice has been carried
                    out on a substantially nationwide basis, the court--
                              ``(i) shall order a permanent injunction
                          barring the secondary transmission by the
                          satellite carrier of the primary transmissions of
                          that television broadcast station (and if such
                          television broadcast station is a network station,
                          all other television broadcast stations affiliated
                          with such network); and
                              ``(ii) may order statutory damages not
                          exceeding $250,000 for each 6-month period during
                          which the pattern or practice was carried out; and
                        ``(B) if the pattern or practice has been carried
                    out on a local or regional basis with respect to more
                    than one television broadcast station, the court--
                              ``(i) shall order a permanent injunction
                          barring the secondary transmission in that
                          locality or region by the satellite carrier of the
                          primary transmissions of any television broadcast
                          station; and
                              ``(ii) may order statutory damages not
                          exceeding $250,000 for each 6-month period during
                          which the pattern or practice was carried out.

        ``(g) Burden of Proof.--In any action brought under subsection (f ),
    the satellite carrier shall have the burden of proving that its
    secondary transmission of a primary transmission by a television
    broadcast station is made only to subscribers located within that
    station's local market or subscribers being served in compliance with
    section 119 or a private licensing agreement.
        ``(h) Geographic Limitations on Secondary Transmissions.--The
    statutory license created by this section shall apply to secondary
    transmissions to locations in the United States.
        ``(i) Exclusivity With Respect to Secondary Transmissions of
    Broadcast Stations by Satellite to Members of the Public.--No provision
    of section 111 or any other law (other than this section and section
    119) shall be construed to contain any authorization, exemption, or
    license through which secondary transmissions by satellite carriers of
    programming contained in a primary

    [[Page 113 STAT. 1501A-526]]

    transmission made by a television broadcast station may be made without
    obtaining the consent of the copyright owner.
        ``( j) Definitions.--In this section--
                ``(1) Distributor.--The term `distributor' means an entity
            which contracts to distribute secondary transmissions from a
            satellite carrier and, either as a single channel or in a
            package with other programming, provides the secondary
            transmission either directly to individual subscribers or
            indirectly through other program distribution entities.
                ``(2) Local market.--
                        ``(A) In general.--The term `local market', in the
                    case of both commercial and noncommercial television
                    broadcast stations, means the designated market area in
                    which a station is located, and--
                              ``(i) in the case of a commercial television
                          broadcast station, all commercial television
                          broadcast stations licensed to a community within
                          the same designated market area are within the
                          same local market; and
                              ``(ii) in the case of a noncommercial
                          educational television broadcast station, the
                          market includes any station that is licensed to a
                          community within the same designated market area
                          as the noncommercial educational television
                          broadcast station.
                        ``(B) County of license.--In addition to the area
                    described in subparagraph (A), a station's local market
                    includes the county in which the station's community of
                    license is located.
                        ``(C) Designated market area.--For purposes of
                    subparagraph (A), the term `designated market area'
                    means a designated market area, as determined by Nielsen
                    Media Research and published in the 1999-2000 Nielsen
                    Station Index Directory and Nielsen Station Index United
                    States Television Household Estimates or any successor
                    publication.
                ``(3) Network station; satellite carrier; secondary
            transmission.--The terms `network station', `satellite carrier',
            and `secondary transmission' have the meanings given such terms
            under section 119(d).
                ``(4) Subscriber.--The term `subscriber' means a person who
            receives a secondary transmission service from a satellite
            carrier and pays a fee for the service, directly or indirectly,
            to the satellite carrier or to a distributor.
                ``(5) Television broadcast station.--The term `television
            broadcast station'--
                        ``(A) means an over-the-air, commercial or
                    noncommercial television broadcast station licensed by
                    the Federal Communications Commission under subpart E of
                    part 73 of title 47, Code of Federal Regulations, except
                    that such term does not include a low-power or
                    translator television station; and
                        ``(B) includes a television broadcast station
                    licensed by an appropriate governmental authority of
                    Canada or Mexico if the station broadcasts primarily in
                    the English language and is a network station as defined
                    in section 119(d)(2)(A).''.

    [[Page 113 STAT. 1501A-527]]

        (b) Infringement of Copyright.--Section 501 of title 17, United
    States Code, is amended by adding at the end the following new
    subsection:
        ``(f )(1) With respect to any secondary transmission that is made by
    a satellite carrier of a performance or display of a work embodied in a
    primary transmission and is actionable as an act of infringement under
    section 122, a television broadcast station holding a copyright or other
    license to transmit or perform the same version of that work shall, for
    purposes of subsection (b) of this section, be treated as a legal or
    beneficial owner if such secondary transmission occurs within the local
    market of that station.
        ``(2) A television broadcast station may file a civil action against
    any satellite carrier that has refused to carry television broadcast
    signals, as required under section 122(a)(2), to enforce that television
    broadcast station's rights under section 338(a) of the Communications
    Act of 1934.''.
        (c) Technical and Conforming Amendments.--The table of sections for
    chapter 1 of title 17, United States Code, is amended by adding after
    the item relating to section 121 the following:
    ``122. Limitations on exclusive rights; secondary transmissions by
              satellite carriers within local market.''.
    SEC. 1003. EXTENSION OF EFFECT OF AMENDMENTS TO SECTION 119 OF
                              TITLE 17, UNITED STATES CODE.

        Section 4(a) of the Satellite Home Viewer Act of 1994 (17 U.S.C. 119
    note; Public Law 103-369; 108 Stat. 3481) is amended by striking
    ``December 31, 1999'' and inserting ``December 31, 2004''.

    SEC. 1004. COMPUTATION OF ROYALTY FEES FOR SATELLITE CARRIERS.

        Section 119(c) of title 17, United States Code, is amended by adding
    at the end the following new paragraph:
                ``(4) Reduction.--
                        ``(A) Superstation.--The rate of the royalty fee in
                    effect on January 1, 1998, payable in each case under
                    subsection (b)(1)(B)(i) shall be reduced by 30 percent.
                        ``(B) Network and public broadcasting satellite
                    feed.--The rate of the royalty fee in effect on January
                    1, 1998, payable under subsection (b)(1)(B)(ii) shall be
                    reduced by 45 percent.
                ``(5) Public broadcasting service as agent.--For purposes of
            section 802, with respect to royalty fees paid by satellite
            carriers for retransmitting the Public Broadcasting Service
            satellite feed, the Public Broadcasting Service shall be the
            agent for all public television copyright claimants and all
            Public Broadcasting Service member stations.''.

    SEC. 1005. DISTANT SIGNAL ELIGIBILITY FOR CONSUMERS.

        (a) Unserved Household.--
                (1) In general.--Section 119(d) of title 17, United States
            Code, is amended by striking paragraph (10) and inserting the
            following:
                ``(10) Unserved household.--The term `unserved household',
            with respect to a particular television network, means a
            household that--
                        ``(A) cannot receive, through the use of a
                    conventional, stationary, outdoor rooftop receiving
                    antenna, an over-the-air signal of a primary network
                    station affiliated with

    [[Page 113 STAT. 1501A-528]]

                    that network of Grade B intensity as defined by the
                    Federal Communications Commission under section
                    73.683(a) of title 47 of the Code of Federal
                    Regulations, as in effect on January 1, 1999;
                        ``(B) is subject to a waiver granted under
                    regulations established under section 339(c)(2) of the
                    Communications Act of 1934;
                        ``(C) is a subscriber to whom subsection (e)
                    applies;
                        ``(D) is a subscriber to whom subsection (a)(11)
                    applies; or
                        ``(E) is a subscriber to whom the exemption under
                    subsection (a)(2)(B)(iii) applies.''.
                (2) Conforming amendment.--Section 119(a)(2)(B) of title 17,
            United States Code, is amended to read as follows:
                        ``(B) Secondary transmissions to unserved
                    households.--
                              ``(i) In general.--The statutory license
                          provided for in subparagraph (A) shall be limited
                          to secondary transmissions of the signals of no
                          more than two network stations in a single day for
                          each television network to persons who reside in
                          unserved households.
                              ``(ii) Accurate determinations of
                          eligibility.--
                                        ``(I) Accurate predictive model.--In
                                    determining presumptively whether a
                                    person resides in an unserved household
                                    under subsection (d)(10)(A), a court
                                    shall rely on the Individual Location
                                    Longley-Rice model set forth by the
                                    Federal Communications Commission in
                                    Docket No. 98-201, as that model may be
                                    amended by the Commission over time
                                    under section 339(c)(3) of the
                                    Communications Act of 1934 to increase
                                    the accuracy of that model.
                                        ``(II) Accurate measurements.--For
                                    purposes of site measurements to
                                    determine whether a person resides in an
                                    unserved household under subsection
                                    (d)(10)(A), a court shall rely on
                                    section 339(c)(4) of the Communications
                                    Act of 1934.
                              ``(iii) C-band exemption to unserved
                          households.--
                                        ``(I) In general.--The limitations
                                    of clause (i) shall not apply to any
                                    secondary transmissions by C-band
                                    services of network stations that a
                                    subscriber to C-band service received
                                    before any termination of such secondary
                                    transmissions before October 31, 1999.
                                        ``(II) Definition.--In this clause
                                    the term `C-band service' means a
                                    service that is licensed by the Federal
                                    Communications Commission and operates
                                    in the Fixed Satellite Service under
                                    part 25 of title 47 of the Code of
                                    Federal Regulations.''.

        (b) Exception to Limitation on Secondary Transmissions.--Section
    119(a)(5) of title 17, United States Code, is amended by adding at the
    end the following:
                        ``(E) Exception.--The secondary transmission by a
                    satellite carrier of a performance or display of a work
                    embodied in a primary transmission made by a network
                    station to

    [[Page 113 STAT. 1501A-529]]

                    subscribers who do not reside in unserved households
                    shall not be an act of infringement if--
                              ``(i) the station on May 1, 1991, was
                          retransmitted by a satellite carrier and was not
                          on that date owned or operated by or affiliated
                          with a television network that offered
                          interconnected program service on a regular basis
                          for 15 or more hours per week to at least 25
                          affiliated television licensees in 10 or more
                          States;
                              ``(ii) as of July 1, 1998, such station was
                          retransmitted by a satellite carrier under the
                          statutory license of this section; and
                              ``(iii) the station is not owned or operated
                          by or affiliated with a television network that,
                          as of January 1, 1995, offered interconnected
                          program service on a regular basis for 15 or more
                          hours per week to at least 25 affiliated
                          television licensees in 10 or more States.''.

        (c) Moratorium on Copyright Liability.--Section 119(e) of title 17,
    United States Code, is amended to read as follows:
        ``(e) Moratorium on Copyright Liability.--Until December 31, 2004, a
    subscriber who does not receive a signal of Grade A intensity (as
    defined in the regulations of the Federal Communications Commission
    under section 73.683(a) of title 47 of the Code of Federal Regulations,
    as in effect on January 1, 1999, or predicted by the Federal
    Communications Commission using the Individual Location Longley-Rice
    methodology described by the Federal Communications Commission in Docket
    No. 98-201) of a local network television broadcast station shall remain
    eligible to receive signals of network stations affiliated with the same
    network, if that subscriber had satellite service of such network signal
    terminated after July 11, 1998, and before October 31, 1999, as required
    by this section, or received such service on October 31, 1999.''.
        (d) Recreational Vehicle and Commercial Truck Exemption.--Section
    119(a) of title 17, United States Code, is amended by adding at the end
    the following:
                ``(11) Service to recreational vehicles and commercial
            trucks.--
                        ``(A) Exemption.--
                              ``(i) In general.--For purposes of this
                          subsection, and subject to clauses (ii) and (iii),
                          the term `unserved household' shall include--
                                        ``(I) recreational vehicles as
                                    defined in regulations of the Secretary
                                    of Housing and Urban Development under
                                    section 3282.8 of title 24 of the Code
                                    of Federal Regulations; and
                                        ``(II) commercial trucks that
                                    qualify as commercial motor vehicles
                                    under regulations of the Secretary of
                                    Transportation under section 383.5 of
                                    title 49 of the Code of Federal
                                    Regulations.
                              ``(ii) Limitation.--Clause (i) shall apply
                          only to a recreational vehicle or commercial truck
                          if any satellite carrier that proposes to make a
                          secondary transmission of a network station to the
                          operator of such a recreational vehicle or
                          commercial truck complies with the documentation
                          requirements under subparagraphs (B) and (C).

    [[Page 113 STAT. 1501A-530]]

                              ``(iii) Exclusion.--For purposes of this
                          subparagraph, the terms `recreational vehicle' and
                          `commercial truck' shall not include any fixed
                          dwelling, whether a mobile home or otherwise.
                        ``(B) Documentation requirements.--A recreational
                    vehicle or commercial truck shall be deemed to be an
                    unserved household beginning 10 days after the relevant
                    satellite carrier provides to the network that owns or
                    is affiliated with the network station that will be
                    secondarily transmitted to the recreational vehicle or
                    commercial truck the following documents:
                              ``(i) Declaration.--A signed declaration by
                          the operator of the recreational vehicle or
                          commercial truck that the satellite dish is
                          permanently attached to the recreational vehicle
                          or commercial truck, and will not be used to
                          receive satellite programming at any fixed
                          dwelling.
                              ``(ii) Registration.--In the case of a
                          recreational vehicle, a copy of the current State
                          vehicle registration for the recreational vehicle.
                              ``(iii) Registration and license.--In the case
                          of a commercial truck, a copy of--
                                        ``(I) the current State vehicle
                                    registration for the truck; and
                                        ``(II) a copy of a valid, current
                                    commercial driver's license, as defined
                                    in regulations of the Secretary of
                                    Transportation under section 383 of
                                    title 49 of the Code of Federal
                                    Regulations, issued to the operator.
                        ``(C) Updated documentation requirements.--If a
                    satellite carrier wishes to continue to make secondary
                    transmissions to a recreational vehicle or commercial
                    truck for more than a 2-year period, that carrier shall
                    provide each network, upon request, with updated
                    documentation in the form described under subparagraph
                    (B) during the 90 days before expiration of that 2-year
                    period.''.

        (e) Conforming Amendment.--Section 119(d)(11) of title 17, United
    States Code, is amended to read as follows:
                ``(11) Local market.--The term `local market' has the
            meaning given such term under section 122( j).''.

    SEC. 1006. PUBLIC BROADCASTING SERVICE SATELLITE FEED.

        (a) Secondary Transmissions.--Section 119(a)(1) of title 17, United
    States Code, is amended--
                (1) by striking the paragraph heading and inserting ``(1)
            Superstations and pbs satellite feed.--'';
                (2) by inserting ``or by the Public Broadcasting Service
            satellite feed'' after ``superstation''; and
                (3) by adding at the end the following: ``In the case of the
            Public Broadcasting Service satellite feed, the statutory
            license shall be effective until January 1, 2002.''.

        (b) Royalty Fees.--Section 119(b)(1)(B)(iii) of title 17, United
    States Code, is amended by inserting ``or the Public Broadcasting
    Service satellite feed'' after ``network station''.
        (c) Definitions.--Section 119(d) of title 17, United States Code, is
    amended--
                (1) by amending paragraph (9) to read as follows:

    [[Page 113 STAT. 1501A-531]]

                ``(9) Superstation.--The term `superstation'--
                        ``(A) means a television broadcast station, other
                    than a network station, licensed by the Federal
                    Communications Commission that is secondarily
                    transmitted by a satellite carrier; and
                        ``(B) except for purposes of computing the royalty
                    fee, includes the Public Broadcasting Service satellite
                    feed.''; and
                (2) by adding at the end the following:
                ``(12) Public broadcasting service satellite feed.--The term
            `Public Broadcasting Service satellite feed' means the national
            satellite feed distributed and designated for purposes of this
            section by the Public Broadcasting Service consisting of
            educational and informational programming intended for private
            home viewing, to which the Public Broadcasting Service holds
            national terrestrial broadcast rights.''.
    SEC. 1007. APPLICATION OF FEDERAL COMMUNICATIONS COMMISSION
                              REGULATIONS.

        Section 119(a) of title 17, United States Code, is amended--
                (1) in paragraph (1), by inserting ``with regard to
            secondary transmissions the satellite carrier is in compliance
            with the rules, regulations, or authorizations of the Federal
            Communications Commission governing the carriage of television
            broadcast station signals,'' after ``satellite carrier to the
            public for private home viewing,'';
                (2) in paragraph (2), by inserting ``with regard to
            secondary transmissions the satellite carrier is in compliance
            with the rules, regulations, or authorizations of the Federal
            Communications Commission governing the carriage of television
            broadcast station signals,'' after ``satellite carrier to the
            public for private home viewing,''; and
                (3) by adding at the end of such subsection (as amended by
            section 1005(e) of this Act) the following new paragraph:
                ``(12) Statutory license contingent on compliance with fcc
            rules and remedial steps.--Notwithstanding any other provision
            of this section, the willful or repeated secondary transmission
            to the public by a satellite carrier of a primary transmission
            embodying a performance or display of a work made by a broadcast
            station licensed by the Federal Communications Commission is
            actionable as an act of infringement under section 501, and is
            fully subject to the remedies provided by sections 502 through
            506 and 509, if, at the time of such transmission, the satellite
            carrier is not in compliance with the rules, regulations, and
            authorizations of the Federal Communications Commission
            concerning the carriage of television broadcast station
            signals.''.
    SEC. 1008. RULES FOR SATELLITE CARRIERS RETRANSMITTING TELEVISION
                              BROADCAST SIGNALS.

        (a) Amendments to Communications Act of 1934.--Title III of the
    Communications Act of 1934 is amended by inserting after section 337 (47
    U.S.C. 337) the following new sections:
    ``SEC. 338. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE
                              CARRIERS.

        ``(a) Carriage Obligations.--

    [[Page 113 STAT. 1501A-532]]

                ``(1) In general.--Subject to the limitations of paragraph
            (2), each satellite carrier providing, under section 122 of
            title 17, United States Code, secondary transmissions to
            subscribers located within the local market of a television
            broadcast station of a primary transmission made by that station
            shall carry upon request the signals of all television broadcast
            stations located within that local market, subject to section
            325(b).
                ``(2) Remedies for failure to carry.--The remedies for any
            failure to meet the obligations under this subsection shall be
            available exclusively under section 501(f ) of title 17, United
            States Code.
                ``(3) Effective date.--No satellite carrier shall be
            required to carry local television broadcast stations under
            paragraph (1) until January 1, 2002.

        ``(b) Good Signal Required.--
                ``(1) Costs.--A television broadcast station asserting its
            right to carriage under subsection (a) shall be required to bear
            the costs associated with delivering a good quality signal to
            the designated local receive facility of the satellite carrier
            or to another facility that is acceptable to at least one-half
            the stations asserting the right to carriage in the local
            market.
                ``(2) Regulations.--The regulations issued under subsection
            (g) shall set forth the obligations necessary to carry out this
            subsection.

        ``(c) Duplication Not Required.--
                ``(1) Commercial stations.--Notwithstanding subsection (a),
            a satellite carrier shall not be required to carry upon request
            the signal of any local commercial television broadcast station
            that substantially duplicates the signal of another local
            commercial television broadcast station which is secondarily
            transmitted by the satellite carrier within the same local
            market, or to carry upon request the signals of more than one
            local commercial television broadcast station in a single local
            market that is affiliated with a particular television network
            unless such stations are licensed to communities in different
            States.
                ``(2) Noncommercial stations.--The Commission shall
            prescribe regulations limiting the carriage requirements under
            subsection (a) of satellite carriers with respect to the
            carriage of multiple local noncommercial television broadcast
            stations. To the extent possible, such regulations shall provide
            the same degree of carriage by satellite carriers of such
            multiple stations as is provided by cable systems under section
            615.

        ``(d) Channel Positioning.--No satellite carrier shall be required
    to provide the signal of a local television broadcast station to
    subscribers in that station's local market on any particular channel
    number or to provide the signals in any particular order, except that
    the satellite carrier shall retransmit the signal of the local
    television broadcast stations to subscribers in the stations' local
    market on contiguous channels and provide access to such station's
    signals at a nondiscriminatory price and in a nondiscriminatory manner
    on any navigational device, on-screen program guide, or menu.
        ``(e) Compensation for Carriage.--A satellite carrier shall not
    accept or request monetary payment or other valuable consideration in
    exchange either for carriage of local television broadcast stations in
    fulfillment of the requirements of this section or for

    [[Page 113 STAT. 1501A-533]]

    channel positioning rights provided to such stations under this section,
    except that any such station may be required to bear the costs
    associated with delivering a good quality signal to the local receive
    facility of the satellite carrier.
        ``(f ) Remedies.--
                ``(1) Complaints by broadcast stations.--Whenever a local
            television broadcast station believes that a satellite carrier
            has failed to meet its obligations under subsections (b) through
            (e) of this section, such station shall notify the carrier, in
            writing, of the alleged failure and identify its reasons for
            believing that the satellite carrier failed to comply with such
            obligations. The satellite carrier shall, within 30 days after
            such written notification, respond in writing to such
            notification and comply with such obligations or state its
            reasons for believing that it is in compliance with such
            obligations. A local television broadcast station that disputes
            a response by a satellite carrier that it is in compliance with
            such obligations may obtain review of such denial or response by
            filing a complaint with the Commission. Such complaint shall
            allege the manner in which such satellite carrier has failed to
            meet its obligations and the basis for such allegations.
                ``(2) Opportunity to respond.--The Commission shall afford
            the satellite carrier against which a complaint is filed under
            paragraph (1) an opportunity to present data and arguments to
            establish that there has been no failure to meet its obligations
            under this section.
                ``(3) Remedial actions; dismissal.--Within 120 days after
            the date a complaint is filed under paragraph (1), the
            Commission shall determine whether the satellite carrier has met
            its obligations under subsections (b) through (e). If the
            Commission determines that the satellite carrier has failed to
            meet such obligations, the Commission shall order the satellite
            carrier to take appropriate remedial action. If the Commission
            determines that the satellite carrier has fully met the
            requirements of such subsections, the Commission shall dismiss
            the complaint.

        ``(g) Regulations by Commission.--Within 1 year after the date of
    the enactment of this section, the Commission shall issue regulations
    implementing this section following a rulemaking proceeding. The
    regulations prescribed under this section shall include requirements on
    satellite carriers that are comparable to the requirements on cable
    operators under sections 614(b) (3) and (4) and 615(g) (1) and (2).
        ``(h) Definitions.--As used in this section:
                ``(1) Distributor.--The term `distributor' means an entity
            which contracts to distribute secondary transmissions from a
            satellite carrier and, either as a single channel or in a
            package with other programming, provides the secondary
            transmission either directly to individual subscribers or
            indirectly through other program distribution entities.
                ``(2) Local receive facility.--The term `local receive
            facility' means the reception point in each local market which a
            satellite carrier designates for delivery of the signal of the
            station for purposes of retransmission.
                ``(3) Local market.--The term `local market' has the meaning
            given that term under section 122( j) of title 17, United States
            Code.

    [[Page 113 STAT. 1501A-534]]

                ``(4) Satellite carrier.--The term `satellite carrier' has
            the meaning given such term under section 119(d) of title 17,
            United States Code.
                ``(5) Secondary transmission.--The term `secondary
            transmission' has the meaning given such term in section 119(d)
            of title 17, United States Code.
                ``(6) Subscriber.--The term `subscriber' has the meaning
            given that term under section 122( j) of title 17, United States
            Code.
                ``(7) Television broadcast station.--The term `television
            broadcast station' has the meaning given such term in section
            325(b)(7).
    ``SEC. 339. CARRIAGE OF DISTANT TELEVISION STATIONS BY SATELLITE
                              CARRIERS.

        ``(a) Provisions Relating to Carriage of Distant Signals.--
                ``(1) Carriage permitted.--
                        ``(A) In general.--Subject to section 119 of title
                    17, United States Code, any satellite carrier shall be
                    permitted to provide the signals of no more than two
                    network stations in a single day for each television
                    network to any household not located within the local
                    markets of those network stations.
                        ``(B) Additional service.--In addition to signals
                    provided under subparagraph (A), any satellite carrier
                    may also provide service under the statutory license of
                    section 122 of title 17, United States Code, to the
                    local market within which such household is located. The
                    service provided under section 122 of such title may be
                    in addition to the two signals provided under section
                    119 of such title.
                ``(2) Penalty for violation.--Any satellite carrier that
            knowingly and willfully provides the signals of television
            stations to subscribers in violation of this subsection shall be
            liable for a forfeiture penalty under section 503 in the amount
            of $50,000 for each violation or each day of a continuing
            violation.

        ``(b) Extension of Network Nonduplication, Syndicated Exclusivity,
    and Sports Blackout to Satellite Retransmission.--
                ``(1) Extension of protections.--Within 45 days after the
            date of the enactment of the Satellite Home Viewer Improvement
            Act of 1999, the Commission shall commence a single rulemaking
            proceeding to establish regulations that--
                        ``(A) apply network nonduplication protection (47
                    CFR 76.92) syndicated exclusivity protection (47 CFR
                    76.151), and sports blackout protection (47 CFR 76.67)
                    to the retransmission of the signals of nationally
                    distributed superstations by satellite carriers to
                    subscribers; and
                        ``(B) to the extent technically feasible and not
                    economically prohibitive, apply sports blackout
                    protection (47 CFR 76.67) to the retransmission of the
                    signals of network stations by satellite carriers to
                    subscribers.
                ``(2) Deadline for action.--The Commission shall complete
            all actions necessary to prescribe regulations required by this
            section so that the regulations shall become effective within 1
            year after such date of enactment.

    [[Page 113 STAT. 1501A-535]]

        ``(c) Eligibility for Retransmission.--
                ``(1) Signal standard for satellite carrier purposes.--For
            the purposes of identifying an unserved household under section
            119(d)(10) of title 17, United States Code, within 1 year after
            the date of the enactment of the Satellite Home Viewer
            Improvement Act of 1999, the Commission shall conclude an
            inquiry to evaluate all possible standards and factors for
            determining eligibility for retransmissions of the signals of
            network stations, and, if appropriate--
                        ``(A) recommend modifications to the Grade B
                    intensity standard for analog signals set forth in
                    section 73.683(a) of its regulations (47 CFR 73.683(a)),
                    or recommend alternative standards or factors for
                    purposes of determining such eligibility; and
                        ``(B) make a further recommendation relating to an
                    appropriate standard for digital signals.
                ``(2) Waivers.--A subscriber who is denied the
            retransmission of a signal of a network station under section
            119 of title 17, United States Code, may request a waiver from
            such denial by submitting a request, through such subscriber's
            satellite carrier, to the network station asserting that the
            retransmission is prohibited. The network station shall accept
            or reject a subscriber's request for a waiver within 30 days
            after receipt of the request. The subscriber shall be permitted
            to receive such retransmission under section 119(d)(10)(B) of
            title 17, United States Code, if such station agrees to the
            waiver request and files with the satellite carrier a written
            waiver with respect to that subscriber allowing the subscriber
            to receive such retransmission. If a television network station
            fails to accept or reject a subscriber's request for a waiver
            within the 30-day period after receipt of the request, that
            station shall be deemed to agree to the waiver request and have
            filed such written waiver.
                ``(3) Establishment of improved predictive model required.--
            Within 180 days after the date of the enactment of the Satellite
            Home Viewer Improvement Act of 1999, the Commission shall take
            all actions necessary, including any reconsideration, to develop
            and prescribe by rule a point-to-point predictive model for
            reliably and presumptively determining the ability of individual
            locations to receive signals in accordance with the signal
            intensity standard in effect under section 119(d)(10)(A) of
            title 17, United States Code. In prescribing such model, the
            Commission shall rely on the Individual Location Longley-Rice
            model set forth by the Federal Communications Commission in
            Docket No. 98-201 and ensure that such model takes into account
            terrain, building structures, and other land cover variations.
            The Commission shall establish procedures for the continued
            refinement in the application of the model by the use of
            additional data as it becomes available.
                ``(4) Objective verification.--
                        ``(A) In general.--If a subscriber's request for a
                    waiver under paragraph (2) is rejected and the
                    subscriber submits to the subscriber's satellite carrier
                    a request for a test verifying the subscriber's
                    inability to receive a signal that meets the signal
                    intensity standard in effect under section 119(d)(10)(A)
                    of title 17, United States Code, the satellite carrier
                    and the network station or stations asserting that

    [[Page 113 STAT. 1501A-536]]

                    the retransmission is prohibited with respect to that
                    subscriber shall select a qualified and independent
                    person to conduct a test in accordance with section
                    73.686(d) of its regulations (47 CFR 73.686(d)), or any
                    successor regulation. Such test shall be conducted
                    within 30 days after the date the subscriber submits a
                    request for the test. If the written findings and
                    conclusions of a test conducted in accordance with such
                    section (or any successor regulation) demonstrate that
                    the subscriber does not receive a signal that meets or
                    exceeds the signal intensity standard in effect under
                    section 119(d)(10)(A) of title 17, United States Code,
                    the subscriber shall not be denied the retransmission of
                    a signal of a network station under section 119 of title
                    17, United States Code.
                        ``(B) Designation of tester and allocation of
                    costs.--If the satellite carrier and the network station
                    or stations asserting that the retransmission is
                    prohibited are unable to agree on such a person to
                    conduct the test, the person shall be designated by an
                    independent and neutral entity designated by the
                    Commission by rule. Unless the satellite carrier and the
                    network station or stations otherwise agree, the costs
                    of conducting the test under this paragraph shall be
                    borne by the satellite carrier, if the station's signal
                    meets or exceeds the signal intensity standard in effect
                    under section 119(d)(10)(A) of title 17, United States
                    Code, or by the network station, if its signal fails to
                    meet or exceed such standard.
                        ``(C) Avoidance of undue burden.--Commission
                    regulations prescribed under this paragraph shall seek
                    to avoid any undue burden on any party.

        ``(d) Definitions.--For the purposes of this section:
                ``(1) Local market.--The term `local market' has the meaning
            given that term under section 122( j) of title 17, United States
            Code.
                ``(2) Nationally distributed superstation.--The term
            `nationally distributed superstation' means a television
            broadcast station, licensed by the Commission, that--
                        ``(A) is not owned or operated by or affiliated with
                    a television network that, as of January 1, 1995,
                    offered interconnected program service on a regular
                    basis for 15 or more hours per week to at least 25
                    affiliated television licensees in 10 or more States;
                        ``(B) on May 1, 1991, was retransmitted by a
                    satellite carrier and was not a network station at that
                    time; and
                        ``(C) was, as of July 1, 1998, retransmitted by a
                    satellite carrier under the statutory license of section
                    119 of title 17, United States Code.
                ``(3) Network station.--The term `network station' has the
            meaning given such term under section 119(d) of title 17, United
            States Code.
                ``(4) Satellite carrier.--The term `satellite carrier' has
            the meaning given such term under section 119(d) of title 17,
            United States Code.
                ``(5) Television network.--The term `television network'
            means a television network in the United States which offers an
            interconnected program service on a regular basis for 15

    [[Page 113 STAT. 1501A-537]]

            or more hours per week to at least 25 affiliated broadcast
            stations in 10 or more States.''.

        (b) Network Station Definition.--Section 119(d)(2) of title 17,
    United States Code, is amended--
                (1) in subparagraph (B) by striking the period and inserting
            a semicolon; and
                (2) by adding after subparagraph (B) the following:

    ``except that the term does not include the signal of the Alaska Rural
    Communications Service, or any successor entity to that service.''.

    SEC. 1009. RETRANSMISSION CONSENT.

        (a) In General.--Section 325(b) of the Communications Act of 1934
    (47 U.S.C. 325(b)) is amended--
                (1) by amending paragraphs (1) and (2) to read as follows:

        ``(b)(1) No cable system or other multichannel video programming
    distributor shall retransmit the signal of a broadcasting station, or
    any part thereof, except--
                ``(A) with the express authority of the originating station;
                ``(B) under section 614, in the case of a station electing,
            in accordance with this subsection, to assert the right to
            carriage under such section; or
                ``(C) under section 338, in the case of a station electing,
            in accordance with this subsection, to assert the right to
            carriage under such section.

        ``(2) This subsection shall not apply--
                ``(A) to retransmission of the signal of a noncommercial
            television broadcast station;
                ``(B) to retransmission of the signal of a television
            broadcast station outside the station's local market by a
            satellite carrier directly to its subscribers, if--
                        ``(i) such station was a superstation on May 1,
                    1991;
                        ``(ii) as of July 1, 1998, such station was
                    retransmitted by a satellite carrier under the statutory
                    license of section 119 of title 17, United States Code;
                    and
                        ``(iii) the satellite carrier complies with any
                    network nonduplication, syndicated exclusivity, and
                    sports blackout rules adopted by the Commission under
                    section 339(b) of this Act;
                ``(C) until December 31, 2004, to retransmission of the
            signals of network stations directly to a home satellite
            antenna, if the subscriber receiving the signal--
                        ``(i) is located in an area outside the local market
                    of such stations; and
                        ``(ii) resides in an unserved household;
                ``(D) to retransmission by a cable operator or other
            multichannel video provider, other than a satellite carrier, of
            the signal of a television broadcast station outside the
            station's local market if such signal was obtained from a
            satellite carrier and--
                        ``(i) the originating station was a superstation on
                    May 1, 1991; and
                        ``(ii) as of July 1, 1998, such station was
                    retransmitted by a satellite carrier under the statutory
                    license of section 119 of title 17, United States Code;
                    or
                ``(E) during the 6-month period beginning on the date of the
            enactment of the Satellite Home Viewer Improvement Act

    [[Page 113 STAT. 1501A-538]]

            of 1999, to the retransmission of the signal of a television
            broadcast station within the station's local market by a
            satellite carrier directly to its subscribers under the
            statutory license of section 122 of title 17, United States
            Code.

    For purposes of this paragraph, the terms `satellite carrier' and
    `superstation' have the meanings given those terms, respectively, in
    section 119(d) of title 17, United States Code, as in effect on the date
    of the enactment of the Cable Television Consumer Protection and
    Competition Act of 1992, the term `unserved household' has the meaning
    given that term under section 119(d) of such title, and the term `local
    market' has the meaning given that term in section 122( j) of such
    title.'';
                (2) by adding at the end of paragraph (3) the following new
            subparagraph:

        ``(C) Within 45 days after the date of the enactment of the
    Satellite Home Viewer Improvement Act of 1999, the Commission shall
    commence a rulemaking proceeding to revise the regulations governing the
    exercise by television broadcast stations of the right to grant
    retransmission consent under this subsection, and such other regulations
    as are necessary to administer the limitations contained in paragraph
    (2). The Commission shall complete all actions necessary to prescribe
    such regulations within 1 year after such date of enactment. Such
    regulations shall--
                ``(i) establish election time periods that correspond with
            those regulations adopted under subparagraph (B) of this
            paragraph; and
                ``(ii) until January 1, 2006, prohibit a television
            broadcast station that provides retransmission consent from
            engaging in exclusive contracts for carriage or failing to
            negotiate in good faith, and it shall not be a failure to
            negotiate in good faith if the television broadcast station
            enters into retransmission consent agreements containing
            different terms and conditions, including price terms, with
            different multichannel video programming distributors if such
            different terms and conditions are based on competitive
            marketplace considerations.'';
                (3) in paragraph (4), by adding at the end the following new
            sentence: ``If an originating television station elects under
            paragraph (3)(C) to exercise its right to grant retransmission
            consent under this subsection with respect to a satellite
            carrier, section 338 shall not apply to the carriage of the
            signal of such station by such satellite carrier.'';
                (4) in paragraph (5), by striking ``614 or 615'' and
            inserting ``338, 614, or 615''; and
                (5) by adding at the end the following new paragraph:
                ``(7) For purposes of this subsection, the term--
                        ``(A) `network station' has the meaning given such
                    term under section 119(d) of title 17, United States
                    Code; and
                        ``(B) `television broadcast station' means an over-
                    the-air commercial or noncommercial television broadcast
                    station licensed by the Commission under subpart E of
                    part 73 of title 47, Code of Federal Regulations, except
                    that such term does not include a low-power or
                    translator television station.''.

        (b) Enforcement Provisions for Consent for Retransmissions.--Section
    325 of the Communications Act of 1934 (47

    [[Page 113 STAT. 1501A-539]]

    U.S.C. 325) is amended by adding at the end the following new
    subsection:
        ``(e) Enforcement Proceedings Against Satellite Carriers Concerning
    Retransmissions of Television Broadcast Stations in the Respective Local
    Markets of Such Carriers.--
                ``(1) Complaints by television broadcast stations.--If after
            the expiration of the 6-month period described under subsection
            (b)(2)(E) a television broadcast station believes that a
            satellite carrier has retransmitted its signal to any person in
            the local market of such station in violation of subsection
            (b)(1), the station may file with the Commission a complaint
            providing--
                        ``(A) the name, address, and call letters of the
                    station;
                        ``(B) the name and address of the satellite carrier;
                        ``(C) the dates on which the alleged retransmission
                    occurred;
                        ``(D) the street address of at least one person in
                    the local market of the station to whom the alleged
                    retransmission was made;
                        ``(E) a statement that the retransmission was not
                    expressly authorized by the television broadcast
                    station; and
                        ``(F) the name and address of counsel for the
                    station.
                ``(2) Service of complaints on satellite carriers.--For
            purposes of any proceeding under this subsection, any satellite
            carrier that retransmits the signal of any broadcast station
            shall be deemed to designate the Secretary of the Commission as
            its agent for service of process. A television broadcast station
            may serve a satellite carrier with a complaint concerning an
            alleged violation of subsection (b)(1) through retransmission of
            a station within the local market of such station by filing the
            original and two copies of the complaint with the Secretary of
            the Commission and serving a copy of the complaint on the
            satellite carrier by means of two commonly used overnight
            delivery services, each addressed to the chief executive officer
            of the satellite carrier at its principal place of business, and
            each marked `URGENT LITIGATION MATTER' on the outer packaging.
            Service shall be deemed complete one business day after a copy
            of the complaint is provided to the delivery services for
            overnight delivery. On receipt of a complaint filed by a
            television broadcast station under this subsection, the
            Secretary of the Commission shall send the original complaint by
            United States mail, postage prepaid, receipt requested,
            addressed to the chief executive officer of the satellite
            carrier at its principal place of business.
                ``(3) Answers by satellite carriers.--Within five business
            days after the date of service, the satellite carrier shall file
            an answer with the Commission and shall serve the answer by a
            commonly used overnight delivery service and by United States
            mail, on the counsel designated in the complaint at the address
            listed for such counsel in the complaint.
                ``(4) Defenses.--
                        ``(A) Exclusive defenses.--The defenses under this
                    paragraph are the exclusive defenses available to a
                    satellite carrier against which a complaint under this
                    subsection is filed.

    [[Page 113 STAT. 1501A-540]]

                        ``(B) Defenses.--The defenses referred to under
                    subparagraph (A) are the defenses that--
                              ``(i) the satellite carrier did not retransmit
                          the television broadcast station to any person in
                          the local market of the station during the time
                          period specified in the complaint;
                              ``(ii) the television broadcast station had,
                          in a writing signed by an officer of the
                          television broadcast station, expressly authorized
                          the retransmission of the station by the satellite
                          carrier to each person in the local market of the
                          television broadcast station to which the
                          satellite carrier made such retransmissions for
                          the entire time period during which it is alleged
                          that a violation of subsection (b)(1) has
                          occurred;
                              ``(iii) the retransmission was made after
                          January 1, 2002, and the television broadcast
                          station had elected to assert the right to
                          carriage under section 338 as against the
                          satellite carrier for the relevant period; or
                              ``(iv) the station being retransmitted is a
                          noncommercial television broadcast station.
                ``(5) Counting of violations.--The retransmission without
            consent of a particular television broadcast station on a
            particular day to one or more persons in the local market of the
            station shall be considered a separate violation of subsection
            (b)(1).
                ``(6) Burden of proof.--With respect to each alleged
            violation, the burden of proof shall be on a television
            broadcast station to establish that the satellite carrier
            retransmitted the station to at least one person in the local
            market of the station on the day in question. The burden of
            proof shall be on the satellite carrier with respect to all
            defenses other than the defense under paragraph (4)(B)(i).
                ``(7) Procedures.--
                        ``(A) Regulations.--Within 60 days after the date of
                    the enactment of the Satellite Home Viewer Improvement
                    Act of 1999, the Commission shall issue procedural
                    regulations implementing this subsection which shall
                    supersede procedures under section 312.
                        ``(B) Determinations.--
                              ``(i) In general.--Within 45 days after the
                          filing of a complaint, the Commission shall issue
                          a final determination in any proceeding brought
                          under this subsection. The Commission's final
                          determination shall specify the number of
                          violations committed by the satellite carrier. The
                          Commission shall hear witnesses only if it clearly
                          appears, based on written filings by the parties,
                          that there is a genuine dispute about material
                          facts. Except as provided in the preceding
                          sentence, the Commission may issue a final ruling
                          based on written filings by the parties.
                              ``(ii) Discovery.--The Commission may direct
                          the parties to exchange pertinent documents, and
                          if necessary to take prehearing depositions, on
                          such schedule as the Commission may approve, but
                          only if the Commission first determines that such
                          discovery is necessary to resolve a genuine
                          dispute about material

    [[Page 113 STAT. 1501A-541]]

                          facts, consistent with the obligation to make a
                          final determination within 45 days.
                ``(8) Relief.--If the Commission determines that a satellite
            carrier has retransmitted the television broadcast station to at
            least one person in the local market of such station and has
            failed to meet its burden of proving one of the defenses under
            paragraph (4) with respect to such retransmission, the
            Commission shall be required to--
                        ``(A) make a finding that the satellite carrier
                    violated subsection (b)(1) with respect to that station;
                    and
                        ``(B) issue an order, within 45 days after the
                    filing of the complaint, containing--
                              ``(i) a cease-and-desist order directing the
                          satellite carrier immediately to stop making any
                          further retransmissions of the television
                          broadcast station to any person within the local
                          market of such station until such time as the
                          Commission determines that the satellite carrier
                          is in compliance with subsection (b)(1) with
                          respect to such station;
                              ``(ii) if the satellite carrier is found to
                          have violated subsection (b)(1) with respect to
                          more than two television broadcast stations, a
                          cease-and-desist order directing the satellite
                          carrier to stop making any further retransmission
                          of any television broadcast station to any person
                          within the local market of such station, until
                          such time as the Commission, after giving notice
                          to the station, that the satellite carrier is in
                          compliance with subsection (b)(1) with respect to
                          such stations; and
                              ``(iii) an award to the complainant of that
                          complainant's costs and reasonable attorney's
                          fees.
                ``(9) Court proceedings on enforcement of commission
            order.--
                        ``(A) In general.--On entry by the Commission of a
                    final order granting relief under this subsection--
                              ``(i) a television broadcast station may apply
                          within 30 days after such entry to the United
                          States District Court for the Eastern District of
                          Virginia for a final judgment enforcing all relief
                          granted by the Commission; and
                              ``(ii) the satellite carrier may apply within
                          30 days after such entry to the United States
                          District Court for the Eastern District of
                          Virginia for a judgment reversing the Commission's
                          order.
                        ``(B) Appeal.--The procedure for an appeal under
                    this paragraph by the satellite carrier shall supersede
                    any other appeal rights under Federal or State law. A
                    United States district court shall be deemed to have
                    personal jurisdiction over the satellite carrier if the
                    carrier, or a company under common control with the
                    satellite carrier, has delivered television programming
                    by satellite to more than 30 customers in that district
                    during the preceding 4-year period. If the United States
                    District Court for the Eastern District of Virginia does
                    not have personal jurisdiction over the satellite
                    carrier, an enforcement action or appeal shall be
                    brought in the United States District Court for the
                    District of Columbia, which may find personal
                    jurisdiction based

    [[Page 113 STAT. 1501A-542]]

                    on the satellite carrier's ownership of licenses issued
                    by the Commission. An application by a television
                    broadcast station for an order enforcing any cease-and-
                    desist relief granted by the Commission shall be
                    resolved on a highly expedited schedule. No discovery
                    may be conducted by the parties in any such proceeding.
                    The district court shall enforce the Commission order
                    unless the Commission record reflects manifest error and
                    an abuse of discretion by the Commission.
                ``(10) Civil action for statutory damages.--Within 6 months
            after issuance of an order by the Commission under this
            subsection, a television broadcast station may file a civil
            action in any United States district court that has personal
            jurisdiction over the satellite carrier for an award of
            statutory damages for any violation that the Commission has
            determined to have been committed by a satellite carrier under
            this subsection. Such action shall not be subject to transfer
            under section 1404(a) of title 28, United States Code. On
            finding that the satellite carrier has committed one or more
            violations of subsection (b), the District Court shall be
            required to award the television broadcast station statutory
            damages of $25,000 per violation, in accordance with paragraph
            (5), and the costs and attorney's fees incurred by the station.
            Such statutory damages shall be awarded only if the television
            broadcast station has filed a binding stipulation with the court
            that such station will donate the full amount in excess of
            $1,000 of any statutory damage award to the United States
            Treasury for public purposes. Notwithstanding any other
            provision of law, a station shall incur no tax liability of any
            kind with respect to any amounts so donated. Discovery may be
            conducted by the parties in any proceeding under this paragraph
            only if and to the extent necessary to resolve a genuinely
            disputed issue of fact concerning one of the defenses under
            paragraph (4). In any such action, the defenses under paragraph
            (4) shall be exclusive, and the burden of proof shall be on the
            satellite carrier with respect to all defenses other than the
            defense under paragraph (4)(B)(i). A judgment under this
            paragraph may be enforced in any manner permissible under
            Federal or State law.
                ``(11) Appeals.--
                        ``(A) In general.--The nonprevailing party before a
                    United States district court may appeal a decision under
                    this subsection to the United States Court of Appeals
                    with jurisdiction over that district court. The Court of
                    Appeals shall not issue any stay of the effectiveness of
                    any decision granting relief against a satellite carrier
                    unless the carrier presents clear and convincing
                    evidence that it is highly likely to prevail on appeal
                    and only after posting a bond for the full amount of any
                    monetary award assessed against it and for such further
                    amount as the Court of Appeals may believe appropriate.
                        ``(B) Appeal.--If the Commission denies relief in
                    response to a complaint filed by a television broadcast
                    station under this subsection, the television broadcast
                    station filing the complaint may file an appeal with the
                    United States Court of Appeals for the District of
                    Columbia Circuit.

    [[Page 113 STAT. 1501A-543]]

                ``(12) Sunset.--No complaint or civil action may be filed
            under this subsection after December 31, 2001. This subsection
            shall continue to apply to any complaint or civil action filed
            on or before such date.''.

    SEC. 1010. SEVERABILITY.

        If any provision of section 325(b) of the Communications Act of 1934
    (47 U.S.C. 325(b)), or the application of that provision to any person
    or circumstance, is held by a court of competent jurisdiction to violate
    any provision of the Constitution of the United States, then the other
    provisions of that section, and the application of that provision to
    other persons and circumstances, shall not be affected.

    SEC. 1011. TECHNICAL AMENDMENTS.

        (a) Technical Amendments Relating to Cable Systems.--Title 17,
    United States Code, is amended as follows:
                (1) Such title is amended by striking ``programing'' each
            place it appears and inserting ``programming''.
                (2) Section 111 is amended by striking ``compulsory'' each
            place it appears and inserting ``statutory''.
                (3) Section 510(b) is amended by striking ``compulsory'' and
            inserting ``statutory''.

        (b) Technical Amendments Relating to Performance or Displays Of
    Works.--
                (1) Section 111 of title 17, United States Code, is
            amended--
                        (A) in subsection (a), in the matter preceding
                    paragraph (1), by striking ``primary transmission
                    embodying a performance or display of a work'' and
                    inserting ``performance or display of a work embodied in
                    a primary transmission'';
                        (B) in subsection (b), in the matter preceding
                    paragraph (1), by striking ``primary transmission
                    embodying a performance or display of a work'' and
                    inserting ``performance or display of a work embodied in
                    a primary transmission''; and
                        (C) in subsection (c)--
                              (i) in paragraph (1)--
                                        (I) by inserting ``a performance or
                                    display of a work embodied in'' after
                                    ``by a cable system of''; and
                                        (II) by striking ``and embodying a
                                    performance or display of a work''; and
                              (ii) in paragraphs (3) and (4)--
                                        (I) by striking ``a primary
                                    transmission'' and inserting ``a
                                    performance or display of a work
                                    embodied in a primary transmission'';
                                    and
                                        (II) by striking ``and embodying a
                                    performance or display of a work''.
                (2) Section 119(a) of title 17, United States Code, is
            amended--
                        (A) in paragraph (1), by striking ``primary
                    transmission made by a superstation and embodying a
                    performance or display of a work'' and inserting
                    ``performance or display of a work embodied in a primary
                    transmission made by a superstation'';

    [[Page 113 STAT. 1501A-544]]

                        (B) in paragraph (2)(A), by striking ``programming''
                    and all that follows through ``a work'' and inserting
                    ``a performance or display of a work embodied in a
                    primary transmission made by a network station'';
                        (C) in paragraph (4)--
                              (i) by inserting ``a performance or display of
                          a work embodied in'' after ``by a satellite
                          carrier of''; and
                              (ii) by striking ``and embodying a performance
                          or display of a work''; and
                        (D) in paragraph (6)--
                              (i) by inserting ``performance or display of a
                          work embodied in'' after ``by a satellite carrier
                          of''; and
                              (ii) by striking ``and embodying a performance
                          or display of a work''.
                (3) Section 501(e) of title 17, United States Code, is
            amended by striking ``primary transmission embodying the
            performance or display of a work'' and inserting ``performance
            or display of a work embodied in a primary transmission''.

        (c) Conforming Amendment.--Section 119(a)(2)(C) of title 17, United
    States Code, is amended in the first sentence by striking ``currently''.
        (d) Work Made for Hire.--Section 101 of title 17, United States
    Code, is amended in the definition relating to work for hire in
    paragraph (2) by inserting ``as a sound recording,'' after ``audiovisual
    work''.

    SEC. 1012. EFFECTIVE DATES.

        Sections 1001, 1003, 1005, 1007, 1008, 1009, 1010, and 1011 (and the
    amendments made by such sections) shall take effect on the date of the
    enactment of this Act. The amendments made by sections 1002, 1004, and
    1006 shall be effective as of July 1, 1999.

                    TITLE II--RURAL LOCAL TELEVISION SIGNALS

    SEC. 2001. SHORT TITLE.

        This title may be cited as the ``Rural Local Broadcast Signal Act''.
    SEC. 2002. LOCAL TELEVISION SERVICE IN UNSERVED AND UNDERSERVED
                              MARKETS.

        (a) In General.--Not later than 1 year after the date of the
    enactment of this Act, the Federal Communications Commission (``the
    Commission'') shall take all actions necessary to make a determination
    regarding licenses or other authorizations for facilities that will
    utilize, for delivering local broadcast television station signals to
    satellite television subscribers in unserved and underserved local
    television markets, spectrum otherwise allocated to commercial use.
        (b) Rules.--
                (1) Form of business.--To the extent not inconsistent with
            the Communications Act of 1934 and the Commission's rules, the
            Commission shall permit applicants under subsection

    [[Page 113 STAT. 1501A-545]]

            (a) to engage in partnerships, joint ventures, and similar
            operating arrangements for the purpose of carrying out
            subsection (a).
                (2) Harmful interference.--The Commission shall ensure that
            no facility licensed or authorized under subsection (a) causes
            harmful interference to the primary users of that spectrum or to
            public safety spectrum use.
                (3) Limitation on commission.--Except as provided in
            paragraphs (1) and (2), the Commission may not restrict any
            entity granted a license or other authorization under subsection
            (a) from using any reasonable compression, reformatting, or
            other technology.

        (c) Report.--Not later than January 1, 2001, the Commission shall
    report to the Agriculture, Appropriations, and the Judiciary Committees
    of the Senate and the House of Representatives, the Senate Committee on
    Commerce, Science, and Transportation, and the House of Representatives
    Committee on Commerce, on the extent to which licenses and other
    authorizations under subsection (a) have facilitated the delivery of
    local signals to satellite television subscribers in unserved and
    underserved local television markets. The report shall include--
                (1) an analysis of the extent to which local signals are
            being provided by direct-to-home satellite television providers
            and by other multichannel video program distributors;
                (2) an enumeration of the technical, economic, and other
            impediments each type of multichannel video programming
            distributor has encountered; and
                (3) recommendations for specific measures to facilitate the
            provision of local signals to subscribers in unserved and
            underserved markets by direct-to-home satellite television
            providers and by other distributors of multichannel video
            programming service.

                   TITLE III--TRADEMARK CYBERPIRACY PREVENTION

    SEC. 3001. SHORT TITLE; REFERENCES.

        (a) Short Title.--This title may be cited as the
    ``Anticybersquatting Consumer Protection Act''.
        (b) References to the Trademark Act of 1946.--Any reference in this
    title to the Trademark Act of 1946 shall be a reference to the Act
    entitled ``An Act to provide for the registration and protection of
    trademarks used in commerce, to carry out the provisions of certain
    international conventions, and for other purposes'', approved July 5,
    1946 (15 U.S.C. 1051 et seq.).

    SEC. 3002. CYBERPIRACY PREVENTION.

        (a) In General.--Section 43 of the Trademark Act of 1946 (15 U.S.C.
    1125) is amended by inserting at the end the following:
        ``(d)(1)(A) A person shall be liable in a civil action by the owner
    of a mark, including a personal name which is protected as a mark under
    this section, if, without regard to the goods or services of the
    parties, that person--
                ``(i) has a bad faith intent to profit from that mark,
            including a personal name which is protected as a mark under
            this section; and

    [[Page 113 STAT. 1501A-546]]

                ``(ii) registers, traffics in, or uses a domain name that--
                        ``(I) in the case of a mark that is distinctive at
                    the time of registration of the domain name, is
                    identical or confusingly similar to that mark;
                        ``(II) in the case of a famous mark that is famous
                    at the time of registration of the domain name, is
                    identical or confusingly similar to or dilutive of that
                    mark; or
                        ``(III) is a trademark, word, or name protected by
                    reason of section 706 of title 18, United States Code,
                    or section 220506 of title 36, United States Code.

        ``(B)(i) In determining whether a person has a bad faith intent
    described under subparagraph (A), a court may consider factors such as,
    but not limited to--
                ``(I) the trademark or other intellectual property rights of
            the person, if any, in the domain name;
                ``(II) the extent to which the domain name consists of the
            legal name of the person or a name that is otherwise commonly
            used to identify that person;
                ``(III) the person's prior use, if any, of the domain name
            in connection with the bona fide offering of any goods or
            services;
                ``(IV) the person's bona fide noncommercial or fair use of
            the mark in a site accessible under the domain name;
                ``(V) the person's intent to divert consumers from the mark
            owner's online location to a site accessible under the domain
            name that could harm the goodwill represented by the mark,
            either for commercial gain or with the intent to tarnish or
            disparage the mark, by creating a likelihood of confusion as to
            the source, sponsorship, affiliation, or endorsement of the
            site;
                ``(VI) the person's offer to transfer, sell, or otherwise
            assign the domain name to the mark owner or any third party for
            financial gain without having used, or having an intent to use,
            the domain name in the bona fide offering of any goods or
            services, or the person's prior conduct indicating a pattern of
            such conduct;
                ``(VII) the person's provision of material and misleading
            false contact information when applying for the registration of
            the domain name, the person's intentional failure to maintain
            accurate contact information, or the person's prior conduct
            indicating a pattern of such conduct;
                ``(VIII) the person's registration or acquisition of
            multiple domain names which the person knows are identical or
            confusingly similar to marks of others that are distinctive at
            the time of registration of such domain names, or dilutive of
            famous marks of others that are famous at the time of
            registration of such domain names, without regard to the goods
            or services of the parties; and
                ``(IX) the extent to which the mark incorporated in the
            person's domain name registration is or is not distinctive and
            famous within the meaning of subsection (c)(1) of section 43.

        ``(ii) Bad faith intent described under subparagraph (A) shall not
    be found in any case in which the court determines that the person
    believed and had reasonable grounds to believe that the use of the
    domain name was a fair use or otherwise lawful.
        ``(C) In any civil action involving the registration, trafficking,
    or use of a domain name under this paragraph, a court may order

    [[Page 113 STAT. 1501A-547]]

    the forfeiture or cancellation of the domain name or the transfer of the
    domain name to the owner of the mark.
        ``(D) A person shall be liable for using a domain name under
    subparagraph (A) only if that person is the domain name registrant or
    that registrant's authorized licensee.
        ``(E) As used in this paragraph, the term `traffics in' refers to
    transactions that include, but are not limited to, sales, purchases,
    loans, pledges, licenses, exchanges of currency, and any other transfer
    for consideration or receipt in exchange for consideration.
        ``(2)(A) The owner of a mark may file an in rem civil action against
    a domain name in the judicial district in which the domain name
    registrar, domain name registry, or other domain name authority that
    registered or assigned the domain name is located if--
                ``(i) the domain name violates any right of the owner of a
            mark registered in the Patent and Trademark Office, or protected
            under subsection (a) or (c); and
                ``(ii) the court finds that the owner--
                        ``(I) is not able to obtain in personam jurisdiction
                    over a person who would have been a defendant in a civil
                    action under paragraph (1); or
                        ``(II) through due diligence was not able to find a
                    person who would have been a defendant in a civil action
                    under paragraph (1) by--
                              ``(aa) sending a notice of the alleged
                          violation and intent to proceed under this
                          paragraph to the registrant of the domain name at
                          the postal and e-mail address provided by the
                          registrant to the registrar; and
                              ``(bb) publishing notice of the action as the
                          court may direct promptly after filing the action.

        ``(B) The actions under subparagraph (A)(ii) shall constitute
    service of process.
        ``(C) In an in rem action under this paragraph, a domain name shall
    be deemed to have its situs in the judicial district in which--
                ``(i) the domain name registrar, registry, or other domain
            name authority that registered or assigned the domain name is
            located; or
                ``(ii) documents sufficient to establish control and
            authority regarding the disposition of the registration and use
            of the domain name are deposited with the court.

        ``(D)(i) The remedies in an in rem action under this paragraph shall
    be limited to a court order for the forfeiture or cancellation of the
    domain name or the transfer of the domain name to the owner of the mark.
    Upon receipt of written notification of a filed, stamped copy of a
    complaint filed by the owner of a mark in a United States district court
    under this paragraph, the domain name registrar, domain name registry,
    or other domain name authority shall--
                ``(I) expeditiously deposit with the court documents
            sufficient to establish the court's control and authority
            regarding the disposition of the registration and use of the
            domain name to the court; and
                ``(II) not transfer, suspend, or otherwise modify the domain
            name during the pendency of the action, except upon order of the
            court.

    [[Page 113 STAT. 1501A-548]]

        ``(ii) The domain name registrar or registry or other domain name
    authority shall not be liable for injunctive or monetary relief under
    this paragraph except in the case of bad faith or reckless disregard,
    which includes a willful failure to comply with any such court order.
        ``(3) The civil action established under paragraph (1) and the in
    rem action established under paragraph (2), and any remedy available
    under either such action, shall be in addition to any other civil action
    or remedy otherwise applicable.
        ``(4) The in rem jurisdiction established under paragraph (2) shall
    be in addition to any other jurisdiction that otherwise exists, whether
    in rem or in personam.''.
        (b) Cyberpiracy Protections for Individuals.--
                (1) In general.--
                        (A) Civil liability.--Any person who registers a
                    domain name that consists of the name of another living
                    person, or a name substantially and confusingly similar
                    thereto, without that person's consent, with the
                    specific intent to profit from such name by selling the
                    domain name for financial gain to that person or any
                    third party, shall be liable in a civil action by such
                    person.
                        (B) Exception.--A person who in good faith registers
                    a domain name consisting of the name of another living
                    person, or a name substantially and confusingly similar
                    thereto, shall not be liable under this paragraph if
                    such name is used in, affiliated with, or related to a
                    work of authorship protected under title 17, United
                    States Code, including a work made for hire as defined
                    in section 101 of title 17, United States Code, and if
                    the person registering the domain name is the copyright
                    owner or licensee of the work, the person intends to
                    sell the domain name in conjunction with the lawful
                    exploitation of the work, and such registration is not
                    prohibited by a contract between the registrant and the
                    named person. The exception under this subparagraph
                    shall apply only to a civil action brought under
                    paragraph (1) and shall in no manner limit the
                    protections afforded under the Trademark Act of 1946 (15
                    U.S.C. 1051 et seq.) or other provision of Federal or
                    State law.
                (2) Remedies.--In any civil action brought under paragraph
            (1), a court may award injunctive relief, including the
            forfeiture or cancellation of the domain name or the transfer of
            the domain name to the plaintiff. The court may also, in its
            discretion, award costs and attorneys fees to the prevailing
            party.
                (3) Definition.--In this subsection, the term ``domain
            name'' has the meaning given that term in section 45 of the
            Trademark Act of 1946 (15 U.S.C. 1127).
                (4) Effective date.--This subsection shall apply to domain
            names registered on or after the date of the enactment of this
            Act.

    SEC. 3003. DAMAGES AND REMEDIES.

        (a) Remedies in Cases of Domain Name Piracy.--
                (1) Injunctions.--Section 34(a) of the Trademark Act of 1946
            (15 U.S.C. 1116(a)) is amended in the first sentence by striking
            ``(a) or (c)'' and inserting ``(a), (c), or (d)''.

    [[Page 113 STAT. 1501A-549]]

                (2) Damages.--Section 35(a) of the Trademark Act of 1946 (15
            U.S.C. 1117(a)) is amended in the first sentence by inserting
            ``, (c), or (d)'' after ``section 43(a)''.

        (b) Statutory Damages.--Section 35 of the Trademark Act of 1946 (15
    U.S.C. 1117) is amended by adding at the end the following:
        ``(d) In a case involving a violation of section 43(d)(1), the
    plaintiff may elect, at any time before final judgment is rendered by
    the trial court, to recover, instead of actual damages and profits, an
    award of statutory damages in the amount of not less than $1,000 and not
    more than $100,000 per domain name, as the court considers just.

    SEC. 3004. LIMITATION ON LIABILITY.

        Section 32(2) of the Trademark Act of 1946 (15 U.S.C. 1114) is
    amended--
                (1) in the matter preceding subparagraph (A) by striking
            ``under section 43(a)'' and inserting ``under section 43 (a) or
            (d)''; and
                (2) by redesignating subparagraph (D) as subparagraph (E)
            and inserting after subparagraph (C) the following:
                ``(D)(i)(I) A domain name registrar, a domain name registry,
            or other domain name registration authority that takes any
            action described under clause (ii) affecting a domain name shall
            not be liable for monetary relief or, except as provided in
            subclause (II), for injunctive relief, to any person for such
            action, regardless of whether the domain name is finally
            determined to infringe or dilute the mark.
                ``(II) A domain name registrar, domain name registry, or
            other domain name registration authority described in subclause
            (I) may be subject to injunctive relief only if such registrar,
            registry, or other registration authority has--
                        ``(aa) not expeditiously deposited with a court, in
                    which an action has been filed regarding the disposition
                    of the domain name, documents sufficient for the court
                    to establish the court's control and authority regarding
                    the disposition of the registration and use of the
                    domain name;
                        ``(bb) transferred, suspended, or otherwise modified
                    the domain name during the pendency of the action,
                    except upon order of the court; or
                        ``(cc) willfully failed to comply with any such
                    court order.
                ``(ii) An action referred to under clause (i)(I) is any
            action of refusing to register, removing from registration,
            transferring, temporarily disabling, or permanently canceling a
            domain name--
                        ``(I) in compliance with a court order under section
                    43(d); or
                        ``(II) in the implementation of a reasonable policy
                    by such registrar, registry, or authority prohibiting
                    the registration of a domain name that is identical to,
                    confusingly similar to, or dilutive of another's mark.
                ``(iii) A domain name registrar, a domain name registry, or
            other domain name registration authority shall not be liable for
            damages under this section for the registration or maintenance
            of a domain name for another absent a showing of

    [[Page 113 STAT. 1501A-550]]

            bad faith intent to profit from such registration or maintenance
            of the domain name.
                ``(iv) If a registrar, registry, or other registration
            authority takes an action described under clause (ii) based on a
            knowing and material misrepresentation by any other person that
            a domain name is identical to, confusingly similar to, or
            dilutive of a mark, the person making the knowing and material
            misrepresentation shall be liable for any damages, including
            costs and attorney's fees, incurred by the domain name
            registrant as a result of such action. The court may also grant
            injunctive relief to the domain name registrant, including the
            reactivation of the domain name or the transfer of the domain
            name to the domain name registrant.
                ``(v) A domain name registrant whose domain name has been
            suspended, disabled, or transferred under a policy described
            under clause (ii)(II) may, upon notice to the mark owner, file a
            civil action to establish that the registration or use of the
            domain name by such registrant is not unlawful under this Act.
            The court may grant injunctive relief to the domain name
            registrant, including the reactivation of the domain name or
            transfer of the domain name to the domain name registrant.''.

    SEC. 3005. DEFINITIONS.

        Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended
    by inserting after the undesignated paragraph defining the term
    ``counterfeit'' the following:
        ``The term `domain name' means any alphanumeric designation which is
    registered with or assigned by any domain name registrar, domain name
    registry, or other domain name registration authority as part of an
    electronic address on the Internet.
        ``The term `Internet' has the meaning given that term in section
    230(f )(1) of the Communications Act of 1934 (47 U.S.C. 230(f )(1)).''.
    SEC. 3006. STUDY ON ABUSIVE DOMAIN NAME REGISTRATIONS INVOLVING
                              PERSONAL NAMES.

        (a) In General.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of Commerce, in consultation with
    the Patent and Trademark Office and the Federal Election Commission,
    shall conduct a study and report to Congress with recommendations on
    guidelines and procedures for resolving disputes involving the
    registration or use by a person of a domain name that includes the
    personal name of another person, in whole or in part, or a name
    confusingly similar thereto, including consideration of and
    recommendations for--
                (1) protecting personal names from registration by another
            person as a second level domain name for purposes of selling or
            otherwise transferring such domain name to such other person or
            any third party for financial gain;
                (2) protecting individuals from bad faith uses of their
            personal names as second level domain names by others with
            malicious intent to harm the reputation of the individual or the
            goodwill associated with that individual's name;
                (3) protecting consumers from the registration and use of
            domain names that include personal names in the second level
            domain in manners which are intended or are likely to confuse or
            deceive the public as to the affiliation, connection, or
            association of the domain name registrant, or a site accessible

    [[Page 113 STAT. 1501A-551]]

            under the domain name, with such other person, or as to the
            origin, sponsorship, or approval of the goods, services, or
            commercial activities of the domain name registrant;
                (4) protecting the public from registration of domain names
            that include the personal names of government officials,
            official candidates, and potential official candidates for
            Federal, State, or local political office in the United States,
            and the use of such domain names in a manner that disrupts the
            electoral process or the public's ability to access accurate and
            reliable information regarding such individuals;
                (5) existing remedies, whether under State law or otherwise,
            and the extent to which such remedies are sufficient to address
            the considerations described in paragraphs (1) through (4); and
                (6) the guidelines, procedures, and policies of the Internet
            Corporation for Assigned Names and Numbers and the extent to
            which they address the considerations described in paragraphs
            (1) through (4).

        (b) Guidelines and Procedures.--The Secretary of Commerce shall,
    under its Memorandum of Understanding with the Internet Corporation for
    Assigned Names and Numbers, collaborate to develop guidelines and
    procedures for resolving disputes involving the registration or use by a
    person of a domain name that includes the personal name of another
    person, in whole or in part, or a name confusingly similar thereto.

    SEC. 3007. HISTORIC PRESERVATION.

        Section 101(a)(1)(A) of the National Historic Preservation Act (16
    U.S.C. 470a(a)(1)(A)) is amended by adding at the end the following:
    ``Notwithstanding section 43(c) of the Act entitled `An Act to provide
    for the registration and protection of trademarks used in commerce, to
    carry out the provisions of certain international conventions, and for
    other purposes', approved July 5, 1946 (commonly known as the `Trademark
    Act of 1946' (15 U.S.C. 1125(c))), buildings and structures on or
    eligible for inclusion on the National Register of Historic Places
    (either individually or as part of a historic district), or designated
    as an individual landmark or as a contributing building in a historic
    district by a unit of State or local government, may retain the name
    historically associated with the building or structure.''.

    SEC. 3008. SAVINGS CLAUSE.

        Nothing in this title shall affect any defense available to a
    defendant under the Trademark Act of 1946 (including any defense under
    section 43(c)(4) of such Act or relating to fair use) or a person's
    right of free speech or expression under the first amendment of the
    United States Constitution.

    SEC. 3009. TECHNICAL AND CONFORMING AMENDMENTS.

        Chapter 85 of title 28, United States Code, is amended as follows:
                (1) Section 1338 of title 28, United States Code, is
            amended--
                        (A) in the section heading by striking ``trade-
                    marks'' and inserting ``trademarks'';
                        (B) in subsection (a) by striking ``trade-marks''
                    and inserting ``trademarks''; and

    [[Page 113 STAT. 1501A-552]]

                        (C) in subsection (b) by striking ``trade-mark'' and
                    inserting ``trademark''.
                (2) The item relating to section 1338 in the table of
            sections for chapter 85 of title 28, United States Code, is
            amended by striking ``trade-marks'' and inserting
            ``trademarks''.

    SEC. 3010. EFFECTIVE DATE.

        Sections 3002(a), 3003, 3004, 3005, and 3008 of this title shall
    apply to all domain names registered before, on, or after the date of
    the enactment of this Act, except that damages under subsection (a) or
    (d) of section 35 of the Trademark Act of 1946 (15 U.S.C. 1117), as
    amended by section 3003 of this title, shall not be available with
    respect to the registration, trafficking, or use of a domain name that
    occurs before the date of the enactment of this Act.

                          TITLE IV--INVENTOR PROTECTION

    SEC. 4001. SHORT TITLE.

        This title may be cited as the ``American Inventors Protection Act
    of 1999''.

                          Subtitle A--Inventors' Rights

    SEC. 4101. SHORT TITLE.

        This subtitle may be cited as the ``Inventors' Rights Act of 1999''.

    SEC. 4102. INTEGRITY IN INVENTION PROMOTION SERVICES.

        (a) In General.--Chapter 29 of title 35, United States Code, is
    amended by adding at the end the following new section:

    ``Sec. 297. Improper and deceptive invention promotion

        ``(a) In General.--An invention promoter shall have a duty to
    disclose the following information to a customer in writing, prior to
    entering into a contract for invention promotion services--
                ``(1) the total number of inventions evaluated by the
            invention promoter for commercial potential in the past 5 years,
            as well as the number of those inventions that received positive
            evaluations, and the number of those inventions that received
            negative evaluations;
                ``(2) the total number of customers who have contracted with
            the invention promoter in the past 5 years, not including
            customers who have purchased trade show services, research,
            advertising, or other nonmarketing services from the invention
            promoter, or who have defaulted in their payment to the
            invention promoter;
                ``(3) the total number of customers known by the invention
            promoter to have received a net financial profit as a direct
            result of the invention promotion services provided by such
            invention promoter;
                ``(4) the total number of customers known by the invention
            promoter to have received license agreements for their
            inventions as a direct result of the invention promotion
            services provided by such invention promoter; and
                ``(5) the names and addresses of all previous invention
            promotion companies with which the invention promoter or

    [[Page 113 STAT. 1501A-553]]

            its officers have collectively or individually been affiliated
            in the previous 10 years.

        ``(b) Civil Action.--(1) Any customer who enters into a contract
    with an invention promoter and who is found by a court to have been
    injured by any material false or fraudulent statement or representation,
    or any omission of material fact, by that invention promoter (or any
    agent, employee, director, officer, partner, or independent contractor
    of such invention promoter), or by the failure of that invention
    promoter to disclose such information as required under subsection (a),
    may recover in a civil action against the invention promoter (or the
    officers, directors, or partners of such invention promoter), in
    addition to reasonable costs and attorneys' fees--
                ``(A) the amount of actual damages incurred by the customer;
            or
                ``(B) at the election of the customer at any time before
            final judgment is rendered, statutory damages in a sum of not
            more than $5,000, as the court considers just.

        ``(2) Notwithstanding paragraph (1), in a case where the customer
    sustains the burden of proof, and the court finds, that the invention
    promoter intentionally misrepresented or omitted a material fact to such
    customer, or willfully failed to disclose such information as required
    under subsection (a), with the purpose of deceiving that customer, the
    court may increase damages to not more than three times the amount
    awarded, taking into account past complaints made against the invention
    promoter that resulted in regulatory sanctions or other corrective
    actions based on those records compiled by the Commissioner of Patents
    under subsection (d).
        ``(c) Definitions.--For purposes of this section--
                ``(1) a `contract for invention promotion services' means a
            contract by which an invention promoter undertakes invention
            promotion services for a customer;
                ``(2) a `customer' is any individual who enters into a
            contract with an invention promoter for invention promotion
            services;
                ``(3) the term `invention promoter' means any person, firm,
            partnership, corporation, or other entity who offers to perform
            or performs invention promotion services for, or on behalf of, a
            customer, and who holds itself out through advertising in any
            mass media as providing such services, but does not include--
                        ``(A) any department or agency of the Federal
                    Government or of a State or local government;
                        ``(B) any nonprofit, charitable, scientific, or
                    educational organization, qualified under applicable
                    State law or described under section 170(b)(1)(A) of the
                    Internal Revenue Code of 1986;
                        ``(C) any person or entity involved in the
                    evaluation to determine commercial potential of, or
                    offering to license or sell, a utility patent or a
                    previously filed nonprovisional utility patent
                    application;
                        ``(D) any party participating in a transaction
                    involving the sale of the stock or assets of a business;
                    or
                        ``(E) any party who directly engages in the business
                    of retail sales of products or the distribution of
                    products; and

    [[Page 113 STAT. 1501A-554]]

                ``(4) the term `invention promotion services' means the
            procurement or attempted procurement for a customer of a firm,
            corporation, or other entity to develop and market products or
            services that include the invention of the customer.

        ``(d) Records of Complaints.--
                ``(1) Release of complaints.--The Commissioner of Patents
            shall make all complaints received by the Patent and Trademark
            Office involving invention promoters publicly available,
            together with any response of the invention promoters. The
            Commissioner of Patents shall notify the invention promoter of a
            complaint and provide a reasonable opportunity to reply prior to
            making such complaint publicly available.
                ``(2) Request for complaints.--The Commissioner of Patents
            may request complaints relating to invention promotion services
            from any Federal or State agency and include such complaints in
            the records maintained under paragraph (1), together with any
            response of the invention promoters.''.

        (b) Conforming Amendment.--The table of sections at the beginning of
    chapter 29 of title 35, United States Code, is amended by adding at the
    end the following new item:

    ``297. Improper and deceptive invention promotion.''.

    SEC. 4103. EFFECTIVE DATE.

        This subtitle and the amendments made by this subtitle shall take
    effect 60 days after the date of the enactment of this Act.

                  Subtitle B--Patent and Trademark Fee Fairness

    SEC. 4201. SHORT TITLE.

        This subtitle may be cited as the ``Patent and Trademark Fee
    Fairness Act of 1999''.

    SEC. 4202. ADJUSTMENT OF PATENT FEES.

        (a) Original Filing Fee.--Section 41(a)(1)(A) of title 35, United
    States Code, relating to the fee for filing an original patent
    application, is amended by striking ``$760'' and inserting ``$690''.
        (b) Reissue Fee.--Section 41(a)(4)(A) of title 35, United States
    Code, relating to the fee for filing for a reissue of a patent, is
    amended by striking ``$760'' and inserting ``$690''.
        (c) National Fee for Certain International Applications.--Section
    41(a)(10) of title 35, United States Code, relating to the national fee
    for certain international applications, is amended by striking ``$760''
    and inserting ``$690''.
        (d) Maintenance Fees.--Section 41(b)(1) of title 35, United States
    Code, relating to certain maintenance fees, is amended by striking
    ``$940'' and inserting ``$830''.

    SEC. 4203. ADJUSTMENT OF TRADEMARK FEES.

        Notwithstanding the second sentence of section 31(a) of the
    Trademark Act of 1946 (15 U.S.C. 111(a)), the Under Secretary of
    Commerce for Intellectual Property and Director of the United States
    Patent and Trademark Office is authorized in fiscal year 2000 to adjust
    trademark fees without regard to fluctuations in the Consumer Price
    Index during the preceding 12 months.

    [[Page 113 STAT. 1501A-555]]

    SEC. 4204. STUDY ON ALTERNATIVE FEE STRUCTURES.

        The Under Secretary of Commerce for Intellectual Property and
    Director of the United States Patent and Trademark Office shall conduct
    a study of alternative fee structures that could be adopted by the
    United States Patent and Trademark Office to encourage maximum
    participation by the inventor community in the United States. The
    Director shall submit such study to the Committees on the Judiciary of
    the House of Representatives and the Senate not later than 1 year after
    the date of the enactment of this Act.

    SEC. 4205. PATENT AND TRADEMARK OFFICE FUNDING.

        Section 42(c) of title 35, United States Code, is amended in the
    second sentence--
                (1) by striking ``Fees available'' and inserting ``All fees
            available''; and
                (2) by striking ``may'' and inserting ``shall''.

    SEC. 4206. EFFECTIVE DATE.

        (a) In General.--Except as provided in subsection (b), the
    amendments made by this subtitle shall take effect on the date of the
    enactment of this Act.
        (b) Section 4202.--The amendments made by section 4202 of this
    subtitle shall take effect 30 days after the date of the enactment of
    this Act.

                       Subtitle C--First Inventor Defense

    SEC. 4301. SHORT TITLE.

        This subtitle may be cited as the ``First Inventor Defense Act of
    1999''.
    SEC. 4302. DEFENSE TO PATENT INFRINGEMENT BASED ON EARLIER
                              INVENTOR.

        (a) Defense.--Chapter 28 of title 35, United States Code, is amended
    by adding at the end the following new section:

    ``Sec. 273. Defense to infringement based on earlier inventor

        ``(a) Definitions.--For purposes of this section--
                ``(1) the terms `commercially used' and `commercial use'
            mean use of a method in the United States, so long as such use
            is in connection with an internal commercial use or an actual
            arm's-length sale or other arm's-length commercial transfer of a
            useful end result, whether or not the subject matter at issue is
            accessible to or otherwise known to the public, except that the
            subject matter for which commercial marketing or use is subject
            to a premarketing regulatory review period during which the
            safety or efficacy of the subject matter is established,
            including any period specified in section 156(g), shall be
            deemed `commercially used' and in `commercial use' during such
            regulatory review period;
                ``(2) in the case of activities performed by a nonprofit
            research laboratory, or nonprofit entity such as a university,
            research center, or hospital, a use for which the public is the
            intended beneficiary shall be considered to be a use described
            in paragraph (1), except that the use--

    [[Page 113 STAT. 1501A-556]]

                        ``(A) may be asserted as a defense under this
                    section only for continued use by and in the laboratory
                    or nonprofit entity; and
                        ``(B) may not be asserted as a defense with respect
                    to any subsequent commercialization or use outside such
                    laboratory or nonprofit entity;
                ``(3) the term `method' means a method of doing or
            conducting business; and
                ``(4) the `effective filing date' of a patent is the earlier
            of the actual filing date of the application for the patent or
            the filing date of any earlier United States, foreign, or
            international application to which the subject matter at issue
            is entitled under section 119, 120, or 365 of this title.

        ``(b) Defense to Infringement.--
                ``(1) In general.--It shall be a defense to an action for
            infringement under section 271 of this title with respect to any
            subject matter that would otherwise infringe one or more claims
            for a method in the patent being asserted against a person, if
            such person had, acting in good faith, actually reduced the
            subject matter to practice at least 1 year before the effective
            filing date of such patent, and commercially used the subject
            matter before the effective filing date of such patent.
                ``(2) Exhaustion of right.--The sale or other disposition of
            a useful end product produced by a patented method, by a person
            entitled to assert a defense under this section with respect to
            that useful end result shall exhaust the patent owner's rights
            under the patent to the extent such rights would have been
            exhausted had such sale or other disposition been made by the
            patent owner.
                ``(3) Limitations and qualifications of defense.--The
            defense to infringement under this section is subject to the
            following:
                        ``(A) Patent.--A person may not assert the defense
                    under this section unless the invention for which the
                    defense is asserted is for a method.
                        ``(B) Derivation.--A person may not assert the
                    defense under this section if the subject matter on
                    which the defense is based was derived from the patentee
                    or persons in privity with the patentee.
                        ``(C) Not a general license.--The defense asserted
                    by a person under this section is not a general license
                    under all claims of the patent at issue, but extends
                    only to the specific subject matter claimed in the
                    patent with respect to which the person can assert a
                    defense under this chapter, except that the defense
                    shall also extend to variations in the quantity or
                    volume of use of the claimed subject matter, and to
                    improvements in the claimed subject matter that do not
                    infringe additional specifically claimed subject matter
                    of the patent.
                ``(4) Burden of proof.--A person asserting the defense under
            this section shall have the burden of establishing the defense
            by clear and convincing evidence.
                ``(5) Abandonment of use.--A person who has abandoned
            commercial use of subject matter may not rely on activities
            performed before the date of such abandonment in establishing a
            defense under this section with respect to actions taken after
            the date of such abandonment.

    [[Page 113 STAT. 1501A-557]]

                ``(6) Personal defense.--The defense under this section may
            be asserted only by the person who performed the acts necessary
            to establish the defense and, except for any transfer to the
            patent owner, the right to assert the defense shall not be
            licensed or assigned or transferred to another person except as
            an ancillary and subordinate part of a good faith assignment or
            transfer for other reasons of the entire enterprise or line of
            business to which the defense relates.
                ``(7) Limitation on sites.--A defense under this section,
            when acquired as part of a good faith assignment or transfer of
            an entire enterprise or line of business to which the defense
            relates, may only be asserted for uses at sites where the
            subject matter that would otherwise infringe one or more of the
            claims is in use before the later of the effective filing date
            of the patent or the date of the assignment or transfer of such
            enterprise or line of business.
                ``(8) Unsuccessful assertion of defense.--If the defense
            under this section is pleaded by a person who is found to
            infringe the patent and who subsequently fails to demonstrate a
            reasonable basis for asserting the defense, the court shall find
            the case exceptional for the purpose of awarding attorney fees
            under section 285 of this title.
                ``(9) Invalidity.--A patent shall not be deemed to be
            invalid under section 102 or 103 of this title solely because a
            defense is raised or established under this section.''.

        (b) Conforming Amendment.--The table of sections at the beginning of
    chapter 28 of title 35, United States Code, is amended by adding at the
    end the following new item:

    ``273. Defense to infringement based on earlier inventor.''.

    SEC. 4303. EFFECTIVE DATE AND APPLICABILITY.

        This subtitle and the amendments made by this subtitle shall take
    effect on the date of the enactment of this Act, but shall not apply to
    any action for infringement that is pending on such date of enactment or
    with respect to any subject matter for which an adjudication of
    infringement, including a consent judgment, has been made before such
    date of enactment.

                        Subtitle D--Patent Term Guarantee

    SEC. 4401. SHORT TITLE.

        This subtitle may be cited as the ``Patent Term Guarantee Act of
    1999''.

    SEC. 4402. PATENT TERM GUARANTEE AUTHORITY.

        (a) Adjustment of Patent Term.--Section 154(b) of title 35, United
    States Code, is amended to read as follows:
        ``(b) Adjustment of Patent Term.--
                ``(1) Patent term guarantees.--
                        ``(A) Guarantee of prompt patent and trademark
                    office responses.--Subject to the limitations under
                    paragraph (2), if the issue of an original patent is
                    delayed due to the failure of the Patent and Trademark
                    Office to--
                              ``(i) provide at least one of the
                          notifications under section 132 of this title or a
                          notice of allowance under

    [[Page 113 STAT. 1501A-558]]

                          section 151 of this title not later than 14 months
                          after--
                                        ``(I) the date on which an
                                    application was filed under section
                                    111(a) of this title; or
                                        ``(II) the date on which an
                                    international application fulfilled the
                                    requirements of section 371 of this
                                    title;
                              ``(ii) respond to a reply under section 132,
                          or to an appeal taken under section 134, within 4
                          months after the date on which the reply was filed
                          or the appeal was taken;
                              ``(iii) act on an application within 4 months
                          after the date of a decision by the Board of
                          Patent Appeals and Interferences under section 134
                          or 135 or a decision by a Federal court under
                          section 141, 145, or 146 in a case in which
                          allowable claims remain in the application; or
                              ``(iv) issue a patent within 4 months after
                          the date on which the issue fee was paid under
                          section 151 and all outstanding requirements were
                          satisfied,
                    the term of the patent shall be extended 1 day for each
                    day after the end of the period specified in clause (i),
                    (ii), (iii), or (iv), as the case may be, until the
                    action described in such clause is taken.
                        ``(B) Guarantee of no more than 3-year application
                    pendency.--Subject to the limitations under paragraph
                    (2), if the issue of an original patent is delayed due
                    to the failure of the United States Patent and Trademark
                    Office to issue a patent within 3 years after the actual
                    filing date of the application in the United States, not
                    including--
                              ``(i) any time consumed by continued
                          examination of the application requested by the
                          applicant under section 132(b);
                              ``(ii) any time consumed by a proceeding under
                          section 135(a), any time consumed by the
                          imposition of an order under section 181, or any
                          time consumed by appellate review by the Board of
                          Patent Appeals and Interferences or by a Federal
                          court; or
                              ``(iii) any delay in the processing of the
                          application by the United States Patent and
                          Trademark Office requested by the applicant except
                          as permitted by paragraph (3)(C),
                    the term of the patent shall be extended 1 day for each
                    day after the end of that 3-year period until the patent
                    is issued.
                        ``(C) Guarantee or adjustments for delays due to
                    interferences, secrecy orders, and appeals.--Subject to
                    the limitations under paragraph (2), if the issue of an
                    original patent is delayed due to--
                              ``(i) a proceeding under section 135(a);
                              ``(ii) the imposition of an order under
                          section 181; or
                              ``(iii) appellate review by the Board of
                          Patent Appeals and Interferences or by a Federal
                          court in a case in which the patent was issued
                          under a decision in the review reversing an
                          adverse determination of patentability,

    [[Page 113 STAT. 1501A-559]]

                    the term of the patent shall be extended 1 day for each
                    day of the pendency of the proceeding, order, or review,
                    as the case may be.
                ``(2) Limitations.--
                        ``(A) In general.--To the extent that periods of
                    delay attributable to grounds specified in paragraph (1)
                    overlap, the period of any adjustment granted under this
                    subsection shall not exceed the actual number of days
                    the issuance of the patent was delayed.
                        ``(B) Disclaimed term.--No patent the term of which
                    has been disclaimed beyond a specified date may be
                    adjusted under this section beyond the expiration date
                    specified in the disclaimer.
                        ``(C) Reduction of period of adjustment.--
                              ``(i) The period of adjustment of the term of
                          a patent under paragraph (1) shall be reduced by a
                          period equal to the period of time during which
                          the applicant failed to engage in reasonable
                          efforts to conclude prosecution of the
                          application.
                              ``(ii) With respect to adjustments to patent
                          term made under the authority of paragraph (1)(B),
                          an applicant shall be deemed to have failed to
                          engage in reasonable efforts to conclude
                          processing or examination of an application for
                          the cumulative total of any periods of time in
                          excess of 3 months that are taken to respond to a
                          notice from the Office making any rejection,
                          objection, argument, or other request, measuring
                          such 3-month period from the date the notice was
                          given or mailed to the applicant.
                              ``(iii) The Director shall prescribe
                          regulations establishing the circumstances that
                          constitute a failure of an applicant to engage in
                          reasonable efforts to conclude processing or
                          examination of an application.
                ``(3) Procedures for patent term adjustment determination.--
                        ``(A) The Director shall prescribe regulations
                    establishing procedures for the application for and
                    determination of patent term adjustments under this
                    subsection.
                        ``(B) Under the procedures established under
                    subparagraph (A), the Director shall--
                              ``(i) make a determination of the period of
                          any patent term adjustment under this subsection,
                          and shall transmit a notice of that determination
                          with the written notice of allowance of the
                          application under section 151; and
                              ``(ii) provide the applicant one opportunity
                          to request reconsideration of any patent term
                          adjustment determination made by the Director.
                        ``(C) The Director shall reinstate all or part of
                    the cumulative period of time of an adjustment under
                    paragraph (2)(C) if the applicant, prior to the issuance
                    of the patent, makes a showing that, in spite of all due
                    care, the applicant was unable to respond within the 3-
                    month period, but in no case shall more than three
                    additional months for each such response beyond the
                    original 3-month period be reinstated.

    [[Page 113 STAT. 1501A-560]]

                        ``(D) The Director shall proceed to grant the patent
                    after completion of the Director's determination of a
                    patent term adjustment under the procedures established
                    under this subsection, notwithstanding any appeal taken
                    by the applicant of such determination.
                ``(4) Appeal of patent term adjustment determination.--
                        ``(A) An applicant dissatisfied with a determination
                    made by the Director under paragraph (3) shall have
                    remedy by a civil action against the Director filed in
                    the United States District Court for the District of
                    Columbia within 180 days after the grant of the patent.
                    Chapter 7 of title 5, United States Code, shall apply to
                    such action. Any final judgment resulting in a change to
                    the period of adjustment of the patent term shall be
                    served on the Director, and the Director shall
                    thereafter alter the term of the patent to reflect such
                    change.
                        ``(B) The determination of a patent term adjustment
                    under this subsection shall not be subject to appeal or
                    challenge by a third party prior to the grant of the
                    patent.''.

        (b) Conforming Amendments.--
                (1) Section 282 of title 35, United States Code, is amended
            in the fourth paragraph by striking ``156 of this title'' and
            inserting ``154(b) or 156 of this title''.
                (2) Section 1295(a)(4)(C) of title 28, United States Code,
            is amended by striking ``145 or 146'' and inserting ``145, 146,
            or 154(b)''.

    SEC. 4403. CONTINUED EXAMINATION OF PATENT APPLICATIONS.

        Section 132 of title 35, United States Code, is amended--
                (1) in the first sentence by striking ``Whenever'' and
            inserting ``(a) Whenever''; and
                (2) by adding at the end the following:

        ``(b) The Director shall prescribe regulations to provide for the
    continued examination of applications for patent at the request of the
    applicant. The Director may establish appropriate fees for such
    continued examination and shall provide a 50 percent reduction in such
    fees for small entities that qualify for reduced fees under section
    41(h)(1) of this title.''.

    SEC. 4404. TECHNICAL CLARIFICATION.

        Section 156(a) of title 35, United States Code, is amended in the
    matter preceding paragraph (1) by inserting ``, which shall include any
    patent term adjustment granted under section 154(b),'' after ``the
    original expiration date of the patent''.

    SEC. 4405. EFFECTIVE DATE.

        (a) Amendments Made by Sections 4402 and 4404.--The amendments made
    by sections 4402 and 4404 shall take effect on the date that is 6 months
    after the date of the enactment of this Act and, except for a design
    patent application filed under chapter 16 of title 35, United States
    Code, shall apply to any application filed on or after the date that is
    6 months after the date of the enactment of this Act.
        (b) Amendments Made by Section 4403.--The amendments made by section
    4403--
                (1) shall take effect on the date that is 6 months after the
            date of the enactment of this Act, and shall apply to

    [[Page 113 STAT. 1501A-561]]

            all applications filed under section 111(a) of title 35, United
            States Code, on or after June 8, 1995, and all applications
            complying with section 371 of title 35, United States Code, that
            resulted from international applications filed on or after June
            8, 1995; and
                (2) do not apply to applications for design patents under
            chapter 16 of title 35, United States Code.

    Subtitle E--Domestic Publication of Patent Applications Published Abroad

    SEC. 4501. SHORT TITLE.

        This subtitle may be cited as the ``Domestic Publication of Foreign
    Filed Patent Applications Act of 1999''.

    SEC. 4502. PUBLICATION.

        (a) Publication.--Section 122 of title 35, United States Code, is
    amended to read as follows:
    ``Sec. 122. Confidential status of applications; publication of
                    patent applications

        ``(a) Confidentiality.--Except as provided in subsection (b),
    applications for patents shall be kept in confidence by the Patent and
    Trademark Office and no information concerning the same given without
    authority of the applicant or owner unless necessary to carry out the
    provisions of an Act of Congress or in such special circumstances as may
    be determined by the Director.
        ``(b) Publication.--
                ``(1) In general.--(A) Subject to paragraph (2), each
            application for a patent shall be published, in accordance with
            procedures determined by the Director, promptly after the
            expiration of a period of 18 months from the earliest filing
            date for which a benefit is sought under this title. At the
            request of the applicant, an application may be published
            earlier than the end of such 18-month period.
                ``(B) No information concerning published patent
            applications shall be made available to the public except as the
            Director determines.
                ``(C) Notwithstanding any other provision of law, a
            determination by the Director to release or not to release
            information concerning a published patent application shall be
            final and nonreviewable.
                ``(2) Exceptions.--(A) An application shall not be published
            if that application is--
                        ``(i) no longer pending;
                        ``(ii) subject to a secrecy order under section 181
                    of this title;
                        ``(iii) a provisional application filed under
                    section 111(b) of this title; or
                        ``(iv) an application for a design patent filed
                    under chapter 16 of this title.
                ``(B)(i) If an applicant makes a request upon filing,
            certifying that the invention disclosed in the application has
            not and will not be the subject of an application filed in
            another country, or under a multilateral international
            agreement, that requires publication of applications 18 months
            after filing, the

    [[Page 113 STAT. 1501A-562]]

            application shall not be published as provided in paragraph (1).
                ``(ii) An applicant may rescind a request made under clause
            (i) at any time.
                ``(iii) An applicant who has made a request under clause (i)
            but who subsequently files, in a foreign country or under a
            multilateral international agreement specified in clause (i), an
            application directed to the invention disclosed in the
            application filed in the Patent and Trademark Office, shall
            notify the Director of such filing not later than 45 days after
            the date of the filing of such foreign or international
            application. A failure of the applicant to provide such notice
            within the prescribed period shall result in the application
            being regarded as abandoned, unless it is shown to the
            satisfaction of the Director that the delay in submitting the
            notice was unintentional.
                ``(iv) If an applicant rescinds a request made under clause
            (i) or notifies the Director that an application was filed in a
            foreign country or under a multilateral international agreement
            specified in clause (i), the application shall be published in
            accordance with the provisions of paragraph (1) on or as soon as
            is practical after the date that is specified in clause (i).
                ``(v) If an applicant has filed applications in one or more
            foreign countries, directly or through a multilateral
            international agreement, and such foreign filed applications
            corresponding to an application filed in the Patent and
            Trademark Office or the description of the invention in such
            foreign filed applications is less extensive than the
            application or description of the invention in the application
            filed in the Patent and Trademark Office, the applicant may
            submit a redacted copy of the application filed in the Patent
            and Trademark Office eliminating any part or description of the
            invention in such application that is not also contained in any
            of the corresponding applications filed in a foreign country.
            The Director may only publish the redacted copy of the
            application unless the redacted copy of the application is not
            received within 16 months after the earliest effective filing
            date for which a benefit is sought under this title. The
            provisions of section 154(d) shall not apply to a claim if the
            description of the invention published in the redacted
            application filed under this clause with respect to the claim
            does not enable a person skilled in the art to make and use the
            subject matter of the claim.

        ``(c) Protest and Pre-Issuance Opposition.--The Director shall
    establish appropriate procedures to ensure that no protest or other form
    of pre-issuance opposition to the grant of a patent on an application
    may be initiated after publication of the application without the
    express written consent of the applicant.
        ``(d) National Security.--No application for patent shall be
    published under subsection (b)(1) if the publication or disclosure of
    such invention would be detrimental to the national security. The
    Director shall establish appropriate procedures to ensure that such
    applications are promptly identified and the secrecy of such inventions
    is maintained in accordance with chapter 17 of this title.''.
        (b) Study.--

    [[Page 113 STAT. 1501A-563]]

                (1) In general.--The Comptroller General shall conduct a 3-
            year study of the applicants who file only in the United States
            on or after the effective date of this subtitle and shall
            provide the results of such study to the Judiciary Committees of
            the House of Representatives and the Senate.
                (2) Contents.--The study conducted under paragraph (1)
            shall--
                        (A) consider the number of such applicants in
                    relation to the number of applicants who file in the
                    United States and outside of the United States;
                        (B) examine how many domestic-only filers request at
                    the time of filing not to be published;
                        (C) examine how many such filers rescind that
                    request or later choose to file abroad;
                        (D) examine the status of the entity seeking an
                    application and any correlation that may exist between
                    such status and the publication of patent applications;
                    and
                        (E) examine the abandonment/issuance ratios and
                    length of application pendency before patent issuance or
                    abandonment for published versus unpublished
                    applications.

    SEC. 4503. TIME FOR CLAIMING BENEFIT OF EARLIER FILING DATE.

        (a) In a Foreign Country.--Section 119(b) of title 35, United States
    Code, is amended to read as follows:
        ``(b)(1) No application for patent shall be entitled to this right
    of priority unless a claim is filed in the Patent and Trademark Office,
    identifying the foreign application by specifying the application number
    on that foreign application, the intellectual property authority or
    country in or for which the application was filed, and the date of
    filing the application, at such time during the pendency of the
    application as required by the Director.
        ``(2) The Director may consider the failure of the applicant to file
    a timely claim for priority as a waiver of any such claim. The Director
    may establish procedures, including the payment of a surcharge, to
    accept an unintentionally delayed claim under this section.
        ``(3) The Director may require a certified copy of the original
    foreign application, specification, and drawings upon which it is based,
    a translation if not in the English language, and such other information
    as the Director considers necessary. Any such certification shall be
    made by the foreign intellectual property authority in which the foreign
    application was filed and show the date of the application and of the
    filing of the specification and other papers.''.
        (b) In the United States.--
                (1) In general.--Section 120 of title 35, United States
            Code, is amended by adding at the end the following: ``No
            application shall be entitled to the benefit of an earlier filed
            application under this section unless an amendment containing
            the specific reference to the earlier filed application is
            submitted at such time during the pendency of the application as
            required by the Director. The Director may consider the failure
            to submit such an amendment within that time period as a waiver
            of any benefit under this section. The Director may establish
            procedures, including the payment of a surcharge, to accept

    [[Page 113 STAT. 1501A-564]]

            an unintentionally delayed submission of an amendment under this
            section.''.
                (2) Right of priority.--Section 119(e)(1) of title 35,
            United States Code, is amended by adding at the end the
            following: ``No application shall be entitled to the benefit of
            an earlier filed provisional application under this subsection
            unless an amendment containing the specific reference to the
            earlier filed provisional application is submitted at such time
            during the pendency of the application as required by the
            Director. The Director may consider the failure to submit such
            an amendment within that time period as a waiver of any benefit
            under this subsection. The Director may establish procedures,
            including the payment of a surcharge, to accept an
            unintentionally delayed submission of an amendment under this
            subsection during the pendency of the application.''.

    SEC. 4504. PROVISIONAL RIGHTS.

        Section 154 of title 35, United States Code, is amended--
                (1) in the section caption by inserting ``; provisional
            rights'' after ``patent''; and
                (2) by adding at the end the following new subsection:

        ``(d) Provisional Rights.--
                ``(1) In general.--In addition to other rights provided by
            this section, a patent shall include the right to obtain a
            reasonable royalty from any person who, during the period
            beginning on the date of publication of the application for such
            patent under section 122(b), or in the case of an international
            application filed under the treaty defined in section 351(a)
            designating the United States under Article 21(2)(a) of such
            treaty, the date of publication of the application, and ending
            on the date the patent is issued--
                        ``(A)(i) makes, uses, offers for sale, or sells in
                    the United States the invention as claimed in the
                    published patent application or imports such an
                    invention into the United States; or
                        ``(ii) if the invention as claimed in the published
                    patent application is a process, uses, offers for sale,
                    or sells in the United States or imports into the United
                    States products made by that process as claimed in the
                    published patent application; and
                        ``(B) had actual notice of the published patent
                    application and, in a case in which the right arising
                    under this paragraph is based upon an international
                    application designating the United States that is
                    published in a language other than English, had a
                    translation of the international application into the
                    English language.
                ``(2) Right based on substantially identical inventions.--
            The right under paragraph (1) to obtain a reasonable royalty
            shall not be available under this subsection unless the
            invention as claimed in the patent is substantially identical to
            the invention as claimed in the published patent application.
                ``(3) Time limitation on obtaining a reasonable royalty.--
            The right under paragraph (1) to obtain a reasonable royalty
            shall be available only in an action brought not later than 6
            years after the patent is issued. The right under paragraph (1)
            to obtain a reasonable royalty shall not be affected by the
            duration of the period described in paragraph (1).

    [[Page 113 STAT. 1501A-565]]

                ``(4) Requirements for international applications.--
                        ``(A) Effective date.--The right under paragraph (1)
                    to obtain a reasonable royalty based upon the
                    publication under the treaty defined in section 351(a)
                    of an international application designating the United
                    States shall commence on the date on which the Patent
                    and Trademark Office receives a copy of the publication
                    under the treaty of the international application, or,
                    if the publication under the treaty of the international
                    application is in a language other than English, on the
                    date on which the Patent and Trademark Office receives a
                    translation of the international application in the
                    English language.
                        ``(B) Copies.--The Director may require the
                    applicant to provide a copy of the international
                    application and a translation thereof.''.

    SEC. 4505. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS.

        Section 102(e) of title 35, United States Code, is amended to read
    as follows:
        ``(e) The invention was described in--
                ``(1) an application for patent, published under section
            122(b), by another filed in the United States before the
            invention by the applicant for patent, except that an
            international application filed under the treaty defined in
            section 351(a) shall have the effect under this subsection of a
            national application published under section 122(b) only if the
            international application designating the United States was
            published under Article 21(2)(a) of such treaty in the English
            language; or
                ``(2) a patent granted on an application for patent by
            another filed in the United States before the invention by the
            applicant for patent, except that a patent shall not be deemed
            filed in the United States for the purposes of this subsection
            based on the filing of an international application filed under
            the treaty defined in section 351(a); or''.

    SEC. 4506. COST RECOVERY FOR PUBLICATION.

        The Under Secretary of Commerce for Intellectual Property and
    Director of the United States Patent and Trademark Office shall recover
    the cost of early publication required by the amendment made by section
    4502 by charging a separate publication fee after notice of allowance is
    given under section 151 of title 35, United States Code.

    SEC. 4507. CONFORMING AMENDMENTS.

        The following provisions of title 35, United States Code, are
    amended:
                (1) Section 11 is amended in paragraph 1 of subsection (a)
            by inserting ``and published applications for patents'' after
            ``Patents''.
                (2) Section 12 is amended--
                        (A) in the section caption by inserting ``and
                    applications'' after ``patents''; and
                        (B) by inserting ``and published applications for
                    patents'' after ``patents''.
                (3) Section 13 is amended--
                        (A) in the section caption by inserting ``and
                    applications'' after ``patents''; and

    [[Page 113 STAT. 1501A-566]]

                        (B) by inserting ``and published applications for
                    patents'' after ``patents''.
                (4) The items relating to sections 12 and 13 in the table of
            sections for chapter 1 are each amended by inserting ``and
            applications'' after ``patents''.
                (5) The item relating to section 122 in the table of
            sections for chapter 11 is amended by inserting ``; publication
            of patent applications'' after ``applications''.
                (6) The item relating to section 154 in the table of
            sections for chapter 14 is amended by inserting ``; provisional
            rights'' after ``patent''.
                (7) Section 181 is amended--
                        (A) in the first undesignated paragraph--
                              (i) by inserting ``by the publication of an
                          application or'' after ``disclosure''; and
                              (ii) by inserting ``the publication of the
                          application or'' after ``withhold'';
                        (B) in the second undesignated paragraph by
                    inserting ``by the publication of an application or''
                    after ``disclosure of an invention'';
                        (C) in the third undesignated paragraph--
                              (i) by inserting ``by the publication of the
                          application or'' after ``disclosure of the
                          invention''; and
                              (ii) by inserting ``the publication of the
                          application or'' after ``withhold''; and
                        (D) in the fourth undesignated paragraph by
                    inserting ``the publication of an application or'' after
                    ``and'' in the first sentence.
                (8) Section 252 is amended in the first undesignated
            paragraph by inserting ``substantially'' before ``identical''
            each place it appears.
                (9) Section 284 is amended by adding at the end of the
            second undesignated paragraph the following: ``Increased damages
            under this paragraph shall not apply to provisional rights under
            section 154(d) of this title.''.
                (10) Section 374 is amended to read as follows:

    ``Sec. 374. Publication of international application

        ``The publication under the treaty defined in section 351(a) of this
    title, of an international application designating the United States
    shall confer the same rights and shall have the same effect under this
    title as an application for patent published under section 122(b),
    except as provided in sections 102(e) and 154(d) of this title.''.
                (11) Section 135(b) is amended--
                        (A) by inserting ``(1)'' after ``(b)''; and
                        (B) by adding at the end the following:

        ``(2) A claim which is the same as, or for the same or substantially
    the same subject matter as, a claim of an application published under
    section 122(b) of this title may be made in an application filed after
    the application is published only if the claim is made before 1 year
    after the date on which the application is published.''.

    SEC. 4508. EFFECTIVE DATE.

        Sections 4502 through 4507, and the amendments made by such
    sections, shall take effect on the date that is 1 year after

    [[Page 113 STAT. 1501A-567]]

    the date of the enactment of this Act and shall apply to all
    applications filed under section 111 of title 35, United States Code, on
    or after that date, and all applications complying with section 371 of
    title 35, United States Code, that resulted from international
    applications filed on or after that date. The amendments made by
    sections 4504 and 4505 shall apply to any such application voluntarily
    published by the applicant under procedures established under this
    subtitle that is pending on the date that is 1 year after the date of
    the enactment of this Act. The amendment made by section 4504 shall also
    apply to international applications designating the United States that
    are filed on or after the date that is 1 year after the date of the
    enactment of this Act.

            Subtitle F--Optional Inter Partes Reexamination Procedure

    SEC. 4601. SHORT TITLE.

        This subtitle may be cited as the ``Optional Inter Partes
    Reexamination Procedure Act of 1999''.

    SEC. 4602. EX PARTE REEXAMINATION OF PATENTS.

        The chapter heading for chapter 30 of title 35, United States Code,
    is amended by inserting ``EX PARTE'' before ``REEXAMINATION OF
    PATENTS''.

    SEC. 4603. DEFINITIONS.

        Section 100 of title 35, United States Code, is amended by adding at
    the end the following new subsection:
        ``(e) The term `third-party requester' means a person requesting ex
    parte reexamination under section 302 or inter partes reexamination
    under section 311 who is not the patent owner.''.

    SEC. 4604. OPTIONAL INTER PARTES REEXAMINATION PROCEDURES.

        (a) In General.--Part 3 of title 35, United States Code, is amended
    by adding after chapter 30 the following new chapter:

          ``CHAPTER 31--OPTIONAL INTER PARTES REEXAMINATION PROCEDURES

    ``Sec.
    ``311. Request for inter partes reexamination.
    ``312. Determination of issue by Director.
    ``313. Inter partes reexamination order by Director.
    ``314. Conduct of inter partes reexamination proceedings.
    ``315. Appeal.
    ``316. Certificate of patentability, unpatentability, and claim
               cancellation.
    ``317. Inter partes reexamination prohibited.
    ``318. Stay of litigation.

    ``Sec. 311. Request for inter partes reexamination

        ``(a) In General.--Any person at any time may file a request for
    inter partes reexamination by the Office of a patent on the basis of any
    prior art cited under the provisions of section 301.
        ``(b) Requirements.--The request shall--
                ``(1) be in writing, include the identity of the real party
            in interest, and be accompanied by payment of an inter partes
            reexamination fee established by the Director under section 41;
            and

    [[Page 113 STAT. 1501A-568]]

                ``(2) set forth the pertinency and manner of applying cited
            prior art to every claim for which reexamination is requested.
                ``(c) Copy.--Unless the requesting person is the owner of
            the patent, the Director promptly shall send a copy of the
            request to the owner of record of the patent.

    ``Sec. 312. Determination of issue by Director

        ``(a) Reexamination.--Not later than 3 months after the filing of a
    request for inter partes reexamination under section 311, the Director
    shall determine whether a substantial new question of patentability
    affecting any claim of the patent concerned is raised by the request,
    with or without consideration of other patents or printed publications.
    On the Director's initiative, and at any time, the Director may
    determine whether a substantial new question of patentability is raised
    by patents and publications.
        ``(b) Record.--A record of the Director's determination under
    subsection (a) shall be placed in the official file of the patent, and a
    copy shall be promptly given or mailed to the owner of record of the
    patent and to the third-party requester, if any.
        ``(c) Final Decision.--A determination by the Director under
    subsection (a) shall be final and non-appealable. Upon a determination
    that no substantial new question of patentability has been raised, the
    Director may refund a portion of the inter partes reexamination fee
    required under section 311.

    ``Sec. 313. Inter partes reexamination order by Director

        ``If, in a determination made under section 312(a), the Director
    finds that a substantial new question of patentability affecting a claim
    of a patent is raised, the determination shall include an order for
    inter partes reexamination of the patent for resolution of the question.
    The order may be accompanied by the initial action of the Patent and
    Trademark Office on the merits of the inter partes reexamination
    conducted in accordance with section 314.

    ``Sec. 314. Conduct of inter partes reexamination proceedings

        ``(a) In General.--Except as otherwise provided in this section,
    reexamination shall be conducted according to the procedures established
    for initial examination under the provisions of sections 132 and 133. In
    any inter partes reexamination proceeding under this chapter, the patent
    owner shall be permitted to propose any amendment to the patent and a
    new claim or claims, except that no proposed amended or new claim
    enlarging the scope of the claims of the patent shall be permitted.
        ``(b) Response.--(1) This subsection shall apply to any inter partes
    reexamination proceeding in which the order for inter partes
    reexamination is based upon a request by a third-party requester.
        ``(2) With the exception of the inter partes reexamination request,
    any document filed by either the patent owner or the third-party
    requester shall be served on the other party. In addition, the third-
    party requester shall receive a copy of any communication sent by the
    Office to the patent owner concerning the patent subject to the inter
    partes reexamination proceeding.
        ``(3) Each time that the patent owner files a response to an action
    on the merits from the Patent and Trademark Office, the third-party
    requester shall have one opportunity to file written comments addressing
    issues raised by the action of the Office or

    [[Page 113 STAT. 1501A-569]]

    the patent owner's response thereto, if those written comments are
    received by the Office within 30 days after the date of service of the
    patent owner's response.
        ``(c) Special Dispatch.--Unless otherwise provided by the Director
    for good cause, all inter partes reexamination proceedings under this
    section, including any appeal to the Board of Patent Appeals and
    Interferences, shall be conducted with special dispatch within the
    Office.

    ``Sec. 315. Appeal

        ``(a) Patent Owner.--The patent owner involved in an inter partes
    reexamination proceeding under this chapter--
                ``(1) may appeal under the provisions of section 134 and may
            appeal under the provisions of sections 141 through 144, with
            respect to any decision adverse to the patentability of any
            original or proposed amended or new claim of the patent; and
                ``(2) may be a party to any appeal taken by a third-party
            requester under subsection (b).

        ``(b) Third-Party Requester.--A third-party requester may--
                ``(1) appeal under the provisions of section 134 with
            respect to any final decision favorable to the patentability of
            any original or proposed amended or new claim of the patent; or
                ``(2) be a party to any appeal taken by the patent owner
            under the provisions of section 134, subject to subsection (c).

        ``(c) Civil Action.--A third-party requester whose request for an
    inter partes reexamination results in an order under section 313 is
    estopped from asserting at a later time, in any civil action arising in
    whole or in part under section 1338 of title 28, United States Code, the
    invalidity of any claim finally determined to be valid and patentable on
    any ground which the third-party requester raised or could have raised
    during the inter partes reexamination proceedings. This subsection does
    not prevent the assertion of invalidity based on newly discovered prior
    art unavailable to the third-party requester and the Patent and
    Trademark Office at the time of the inter partes reexamination
    proceedings.
    ``Sec. 316. Certificate of patentability, unpatentability, and
                    claim cancellation

        ``(a) In General.--In an inter partes reexamination proceeding under
    this chapter, when the time for appeal has expired or any appeal
    proceeding has terminated, the Director shall issue and publish a
    certificate canceling any claim of the patent finally determined to be
    unpatentable, confirming any claim of the patent determined to be
    patentable, and incorporating in the patent any proposed amended or new
    claim determined to be patentable.
        ``(b) Amended or New Claim.--Any proposed amended or new claim
    determined to be patentable and incorporated into a patent following an
    inter partes reexamination proceeding shall have the same effect as that
    specified in section 252 of this title for reissued patents on the right
    of any person who made, purchased, or used within the United States, or
    imported into the United States, anything patented by such proposed
    amended or new claim, or who made substantial preparation therefor,
    prior to issuance of a certificate under the provisions of subsection
    (a) of this section.

    [[Page 113 STAT. 1501A-570]]

    ``Sec. 317. Inter partes reexamination prohibited

        ``(a) Order for Reexamination.--Notwithstanding any provision of
    this chapter, once an order for inter partes reexamination of a patent
    has been issued under section 313, neither the patent owner nor the
    third-party requester, if any, nor privies of either, may file a
    subsequent request for inter partes reexamination of the patent until an
    inter partes reexamination certificate is issued and published under
    section 316, unless authorized by the Director.
        ``(b) Final Decision.--Once a final decision has been entered
    against a party in a civil action arising in whole or in part under
    section 1338 of title 28, United States Code, that the party has not
    sustained its burden of proving the invalidity of any patent claim in
    suit or if a final decision in an inter partes reexamination proceeding
    instituted by a third-party requester is favorable to the patentability
    of any original or proposed amended or new claim of the patent, then
    neither that party nor its privies may thereafter request an inter
    partes reexamination of any such patent claim on the basis of issues
    which that party or its privies raised or could have raised in such
    civil action or inter partes reexamination proceeding, and an inter
    partes reexamination requested by that party or its privies on the basis
    of such issues may not thereafter be maintained by the Office,
    notwithstanding any other provision of this chapter. This subsection
    does not prevent the assertion of invalidity based on newly discovered
    prior art unavailable to the third-party requester and the Patent and
    Trademark Office at the time of the inter partes reexamination
    proceedings.

    ``Sec. 318. Stay of litigation

        ``Once an order for inter partes reexamination of a patent has been
    issued under section 313, the patent owner may obtain a stay of any
    pending litigation which involves an issue of patentability of any
    claims of the patent which are the subject of the inter partes
    reexamination order, unless the court before which such litigation is
    pending determines that a stay would not serve the interests of
    justice.''.
        (b) Conforming Amendment.--The table of chapters for part III of
    title 25, United States Code, is amended by striking the item relating
    to chapter 30 and inserting the following:

    ``30. Prior Art Citations to Office and Ex Parte Reexamination of
    Patents...........................................................   301
    ``31. Optional Inter Partes Reexamination of Patents..............311''.

    SEC. 4605. CONFORMING AMENDMENTS.

        (a) Patent Fees; Patent Search Systems.--Section 41(a)(7) of title
    35, United States Code, is amended to read as follows:
                ``(7) On filing each petition for the revival of an
            unintentionally abandoned application for a patent, for the
            unintentionally delayed payment of the fee for issuing each
            patent, or for an unintentionally delayed response by the patent
            owner in any reexamination proceeding, $1,210, unless the
            petition is filed under section 133 or 151 of this title, in
            which case the fee shall be $110.''.

        (b) Appeal to the Board of Patent Appeals and Interferences.--
    Section 134 of title 35, United States Code, is amended to read as
    follows:

    [[Page 113 STAT. 1501A-571]]

    ``Sec. 134. Appeal to the Board of Patent Appeals and
                    Interferences

        ``(a) Patent Applicant.--An applicant for a patent, any of whose
    claims has been twice rejected, may appeal from the decision of the
    administrative patent judge to the Board of Patent Appeals and
    Interferences, having once paid the fee for such appeal.
        ``(b) Patent Owner.--A patent owner in any reexamination proceeding
    may appeal from the final rejection of any claim by the administrative
    patent judge to the Board of Patent Appeals and Interferences, having
    once paid the fee for such appeal.
        ``(c) Third-Party.--A third-party requester in an inter partes
    proceeding may appeal to the Board of Patent Appeals and Interferences
    from the final decision of the administrative patent judge favorable to
    the patentability of any original or proposed amended or new claim of a
    patent, having once paid the fee for such appeal. The third-party
    requester may not appeal the decision of the Board of Patent Appeals and
    Interferences.''.
        (c) Appeal to Court of Appeals for the Federal Circuit.--Section 141
    of title 35, United States Code, is amended by adding the following
    after the second sentence: ``A patent owner in any reexamination
    proceeding dissatisfied with the final decision in an appeal to the
    Board of Patent Appeals and Interferences under section 134 may appeal
    the decision only to the United States Court of Appeals for the Federal
    Circuit.''.
        (d) Proceedings on Appeal.--Section 143 of title 35, United States
    Code, is amended by amending the third sentence to read as follows: ``In
    any reexamination case, the Director shall submit to the court in
    writing the grounds for the decision of the Patent and Trademark Office,
    addressing all the issues involved in the appeal.''.
        (e) Civil Action To Obtain Patent.--Section 145 of title 35, United
    States Code, is amended in the first sentence by inserting ``(a)'' after
    ``section 134''.

    SEC. 4606. REPORT TO CONGRESS.

        Not later than 5 years after the date of the enactment of this Act,
    the Under Secretary of Commerce for Intellectual Property and Director
    of the United States Patent and Trademark Office shall submit to the
    Congress a report evaluating whether the inter partes reexamination
    proceedings established under the amendments made by this subtitle are
    inequitable to any of the parties in interest and, if so, the report
    shall contain recommendations for changes to the amendments made by this
    subtitle to remove such inequity.

    SEC. 4607. ESTOPPEL EFFECT OF REEXAMINATION.

        Any party who requests an inter partes reexamination under section
    311 of title 35, United States Code, is estopped from challenging at a
    later time, in any civil action, any fact determined during the process
    of such reexamination, except with respect to a fact determination later
    proved to be erroneous based on information unavailable at the time of
    the inter partes reexamination decision. If this section is held to be
    unenforceable, the enforceability of the remainder of this subtitle or
    of this title shall not be denied as a result.

    [[Page 113 STAT. 1501A-572]]

    SEC. 4608. EFFECTIVE DATE.

        (a) In General.--Subject to subsection (b), this subtitle and the
    amendments made by this subtitle shall take effect on the date of the
    enactment of this Act and shall apply to any patent that issues from an
    original application filed in the United States on or after that date.
        (b) Section 4605(a).--The amendments made by section 4605(a) shall
    take effect on the date that is 1 year after the date of the enactment
    of this Act.

                     Subtitle G--Patent and Trademark Office

    SEC. 4701. SHORT TITLE.

        This subtitle may be cited as the ``Patent and Trademark Office
    Efficiency Act''.

              CHAPTER 1--UNITED STATES PATENT AND TRADEMARK OFFICE

    SEC. 4711. ESTABLISHMENT OF PATENT AND TRADEMARK OFFICE.

        Section 1 of title 35, United States Code, is amended to read as
    follows:

    ``Sec. 1. Establishment

        ``(a) Establishment.--The United States Patent and Trademark Office
    is established as an agency of the United States, within the Department
    of Commerce. In carrying out its functions, the United States Patent and
    Trademark Office shall be subject to the policy direction of the
    Secretary of Commerce, but otherwise shall retain responsibility for
    decisions regarding the management and administration of its operations
    and shall exercise independent control of its budget allocations and
    expenditures, personnel decisions and processes, procurements, and other
    administrative and management functions in accordance with this title
    and applicable provisions of law. Those operations designed to grant and
    issue patents and those operations which are designed to facilitate the
    registration of trademarks shall be treated as separate operating units
    within the Office.
        ``(b) Offices.--The United States Patent and Trademark Office shall
    maintain its principal office in the metropolitan Washington, D.C.,
    area, for the service of process and papers and for the purpose of
    carrying out its functions. The United States Patent and Trademark
    Office shall be deemed, for purposes of venue in civil actions, to be a
    resident of the district in which its principal office is located,
    except where jurisdiction is otherwise provided by law. The United
    States Patent and Trademark Office may establish satellite offices in
    such other places in the United States as it considers necessary and
    appropriate in the conduct of its business.
        ``(c) Reference.--For purposes of this title, the United States
    Patent and Trademark Office shall also be referred to as the `Office'
    and the `Patent and Trademark Office'.''.

    SEC. 4712. POWERS AND DUTIES.

        Section 2 of title 35, United States Code, is amended to read as
    follows:

    [[Page 113 STAT. 1501A-573]]

    ``Sec. 2. Powers and duties

        ``(a) In General.--The United States Patent and Trademark Office,
    subject to the policy direction of the Secretary of Commerce--
                ``(1) shall be responsible for the granting and issuing of
            patents and the registration of trademarks; and
                ``(2) shall be responsible for disseminating to the public
            information with respect to patents and trademarks.

        ``(b) Specific Powers.--The Office--
                ``(1) shall adopt and use a seal of the Office, which shall
            be judicially noticed and with which letters patent,
            certificates of trademark registrations, and papers issued by
            the Office shall be authenticated;
                ``(2) may establish regulations, not inconsistent with law,
            which--
                        ``(A) shall govern the conduct of proceedings in the
                    Office;
                        ``(B) shall be made in accordance with section 553
                    of title 5, United States Code;
                        ``(C) shall facilitate and expedite the processing
                    of patent applications, particularly those which can be
                    filed, stored, processed, searched, and retrieved
                    electronically, subject to the provisions of section 122
                    relating to the confidential status of applications;
                        ``(D) may govern the recognition and conduct of
                    agents, attorneys, or other persons representing
                    applicants or other parties before the Office, and may
                    require them, before being recognized as representatives
                    of applicants or other persons, to show that they are of
                    good moral character and reputation and are possessed of
                    the necessary qualifications to render to applicants or
                    other persons valuable service, advice, and assistance
                    in the presentation or prosecution of their applications
                    or other business before the Office;
                        ``(E) shall recognize the public interest in
                    continuing to safeguard broad access to the United
                    States patent system through the reduced fee structure
                    for small entities under section 41(h)(1) of this title;
                    and
                        ``(F) provide for the development of a performance-
                    based process that includes quantitative and qualitative
                    measures and standards for evaluating cost-effectiveness
                    and is consistent with the principles of impartiality
                    and competitiveness;
                ``(3) may acquire, construct, purchase, lease, hold, manage,
            operate, improve, alter, and renovate any real, personal, or
            mixed property, or any interest therein, as it considers
            necessary to carry out its functions;
                ``(4)(A) may make such purchases, contracts for the
            construction, maintenance, or management and operation of
            facilities, and contracts for supplies or services, without
            regard to the provisions of the Federal Property and
            Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), the
            Public Buildings Act (40 U.S.C. 601 et seq.), and the Stewart B.
            McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.); and
                ``(B) may enter into and perform such purchases and
            contracts for printing services, including the process of
            composition, platemaking, presswork, silk screen processes,
            binding, microform, and the products of such processes, as it
            considers

    [[Page 113 STAT. 1501A-574]]

            necessary to carry out the functions of the Office, without
            regard to sections 501 through 517 and 1101 through 1123 of
            title 44, United States Code;
                ``(5) may use, with their consent, services, equipment,
            personnel, and facilities of other departments, agencies, and
            instrumentalities of the Federal Government, on a reimbursable
            basis, and cooperate with such other departments, agencies, and
            instrumentalities in the establishment and use of services,
            equipment, and facilities of the Office;
                ``(6) may, when the Director determines that it is
            practicable, efficient, and cost-effective to do so, use, with
            the consent of the United States and the agency,
            instrumentality, Patent and Trademark Office, or international
            organization concerned, the services, records, facilities, or
            personnel of any State or local government agency or
            instrumentality or foreign patent and trademark office or
            international organization to perform functions on its behalf;
                ``(7) may retain and use all of its revenues and receipts,
            including revenues from the sale, lease, or disposal of any
            real, personal, or mixed property, or any interest therein, of
            the Office;
                ``(8) shall advise the President, through the Secretary of
            Commerce, on national and certain international intellectual
            property policy issues;
                ``(9) shall advise Federal departments and agencies on
            matters of intellectual property policy in the United States and
            intellectual property protection in other countries;
                ``(10) shall provide guidance, as appropriate, with respect
            to proposals by agencies to assist foreign governments and
            international intergovernmental organizations on matters of
            intellectual property protection;
                ``(11) may conduct programs, studies, or exchanges of items
            or services regarding domestic and international intellectual
            property law and the effectiveness of intellectual property
            protection domestically and throughout the world;
                ``(12)(A) shall advise the Secretary of Commerce on programs
            and studies relating to intellectual property policy that are
            conducted, or authorized to be conducted, cooperatively with
            foreign intellectual property offices and international
            intergovernmental organizations; and
                ``(B) may conduct programs and studies described in
            subparagraph (A); and
                ``(13)(A) in coordination with the Department of State, may
            conduct programs and studies cooperatively with foreign
            intellectual property offices and international
            intergovernmental organizations; and
                ``(B) with the concurrence of the Secretary of State, may
            authorize the transfer of not to exceed $100,000 in any year to
            the Department of State for the purpose of making special
            payments to international intergovernmental organizations for
            studies and programs for advancing international cooperation
            concerning patents, trademarks, and other matters.

        ``(c) Clarification of Specific Powers.--(1) The special payments
    under subsection (b)(13)(B) shall be in addition to any other payments
    or contributions to international organizations described in subsection
    (b)(13)(B) and shall not be subject to any limitations

    [[Page 113 STAT. 1501A-575]]

    imposed by law on the amounts of such other payments or contributions by
    the United States Government.
        ``(2) Nothing in subsection (b) shall derogate from the duties of
    the Secretary of State or from the duties of the United States Trade
    Representative as set forth in section 141 of the Trade Act of 1974 (19
    U.S.C. 2171).
        ``(3) Nothing in subsection (b) shall derogate from the duties and
    functions of the Register of Copyrights or otherwise alter current
    authorities relating to copyright matters.
        ``(4) In exercising the Director's powers under paragraphs (3) and
    (4)(A) of subsection (b), the Director shall consult with the
    Administrator of General Services.
        ``(5) In exercising the Director's powers and duties under this
    section, the Director shall consult with the Register of Copyrights on
    all copyright and related matters.
        ``(d) Construction.--Nothing in this section shall be construed to
    nullify, void, cancel, or interrupt any pending request-for-proposal let
    or contract issued by the General Services Administration for the
    specific purpose of relocating or leasing space to the United States
    Patent and Trademark Office.''.

    SEC. 4713. ORGANIZATION AND MANAGEMENT.

        Section 3 of title 35, United States Code, is amended to read as
    follows:

    ``Sec. 3. Officers and employees

        ``(a) Under Secretary and Director.--
                ``(1) In general.--The powers and duties of the United
            States Patent and Trademark Office shall be vested in an Under
            Secretary of Commerce for Intellectual Property and Director of
            the United States Patent and Trademark Office (in this title
            referred to as the `Director'), who shall be a citizen of the
            United States and who shall be appointed by the President, by
            and with the advice and consent of the Senate. The Director
            shall be a person who has a professional background and
            experience in patent or trademark law.
                ``(2) Duties.--
                        ``(A) In general.--The Director shall be responsible
                    for providing policy direction and management
                    supervision for the Office and for the issuance of
                    patents and the registration of trademarks. The Director
                    shall perform these duties in a fair, impartial, and
                    equitable manner.
                        ``(B) Consulting with the public advisory
                    committees.--The Director shall consult with the Patent
                    Public Advisory Committee established in section 5 on a
                    regular basis on matters relating to the patent
                    operations of the Office, shall consult with the
                    Trademark Public Advisory Committee established in
                    section 5 on a regular basis on matters relating to the
                    trademark operations of the Office, and shall consult
                    with the respective Public Advisory Committee before
                    submitting budgetary proposals to the Office of
                    Management and Budget or changing or proposing to change
                    patent or trademark user fees or patent or trademark
                    regulations which are subject to the requirement to
                    provide notice and opportunity for public comment under
                    section 553 of title 5, United States Code, as the case
                    may be.

    [[Page 113 STAT. 1501A-576]]

                ``(3) Oath.--The Director shall, before taking office, take
            an oath to discharge faithfully the duties of the Office.
                ``(4) Removal.--The Director may be removed from office by
            the President. The President shall provide notification of any
            such removal to both Houses of Congress.

        ``(b) Officers and Employees of the Office.--
                ``(1) Deputy under secretary and deputy director.--The
            Secretary of Commerce, upon nomination by the Director, shall
            appoint a Deputy Under Secretary of Commerce for Intellectual
            Property and Deputy Director of the United States Patent and
            Trademark Office who shall be vested with the authority to act
            in the capacity of the Director in the event of the absence or
            incapacity of the Director. The Deputy Director shall be a
            citizen of the United States who has a professional background
            and experience in patent or trademark law.
                ``(2) Commissioners.--
                        ``(A) Appointment and duties.--The Secretary of
                    Commerce shall appoint a Commissioner for Patents and a
                    Commissioner for Trademarks, without regard to chapter
                    33, 51, or 53 of title 5, United States Code. The
                    Commissioner for Patents shall be a citizen of the
                    United States with demonstrated management ability and
                    professional background and experience in patent law and
                    serve for a term of 5 years. The Commissioner for
                    Trademarks shall be a citizen of the United States with
                    demonstrated management ability and professional
                    background and experience in trademark law and serve for
                    a term of 5 years. The Commissioner for Patents and the
                    Commissioner for Trademarks shall serve as the chief
                    operating officers for the operations of the Office
                    relating to patents and trademarks, respectively, and
                    shall be responsible for the management and direction of
                    all aspects of the activities of the Office that affect
                    the administration of patent and trademark operations,
                    respectively. The Secretary may reappoint a Commissioner
                    to subsequent terms of 5 years as long as the
                    performance of the Commissioner as set forth in the
                    performance agreement in subparagraph (B) is
                    satisfactory.
                        ``(B) Salary and performance agreement.--The
                    Commissioners shall be paid an annual rate of basic pay
                    not to exceed the maximum rate of basic pay for the
                    Senior Executive Service established under section 5382
                    of title 5, United States Code, including any applicable
                    locality-based comparability payment that may be
                    authorized under section 5304(h)(2)(C) of title 5,
                    United States Code. The compensation of the
                    Commissioners shall be considered, for purposes of
                    section 207(c)(2)(A) of title 18, United States Code, to
                    be the equivalent of that described under clause (ii) of
                    section 207(c)(2)(A) of title 18, United States Code. In
                    addition, the Commissioners may receive a bonus in an
                    amount of up to, but not in excess of, 50 percent of the
                    Commissioners' annual rate of basic pay, based upon an
                    evaluation by the Secretary of Commerce, acting through
                    the Director, of the Commissioners' performance as
                    defined in an annual performance agreement between the
                    Commissioners and the Secretary. The annual performance
                    agreements shall incorporate measurable organization

    [[Page 113 STAT. 1501A-577]]

                    and individual goals in key operational areas as
                    delineated in an annual performance plan agreed to by
                    the Commissioners and the Secretary. Payment of a bonus
                    under this subparagraph may be made to the Commissioners
                    only to the extent that such payment does not cause the
                    Commissioners' total aggregate compensation in a
                    calendar year to equal or exceed the amount of the
                    salary of the Vice President under section 104 of title
                    3, United States Code.
                        ``(C) Removal.--The Commissioners may be removed
                    from office by the Secretary for misconduct or
                    nonsatisfactory performance under the performance
                    agreement described in subparagraph (B), without regard
                    to the provisions of title 5, United States Code. The
                    Secretary shall provide notification of any such removal
                    to both Houses of Congress.
                ``(3) Other officers and employees.--The Director shall--
                        ``(A) appoint such officers, employees (including
                    attorneys), and agents of the Office as the Director
                    considers necessary to carry out the functions of the
                    Office; and
                        ``(B) define the title, authority, and duties of
                    such officers and employees and delegate to them such of
                    the powers vested in the Office as the Director may
                    determine.
            The Office shall not be subject to any administratively or
            statutorily imposed limitation on positions or personnel, and no
            positions or personnel of the Office shall be taken into account
            for purposes of applying any such limitation.
                ``(4) Training of examiners.--The Office shall submit to the
            Congress a proposal to provide an incentive program to retain as
            employees patent and trademark examiners of the primary examiner
            grade or higher who are eligible for retirement, for the sole
            purpose of training patent and trademark examiners.
                ``(5) National security positions.--The Director, in
            consultation with the Director of the Office of Personnel
            Management, shall maintain a program for identifying national
            security positions and providing for appropriate security
            clearances, in order to maintain the secrecy of certain
            inventions, as described in section 181, and to prevent
            disclosure of sensitive and strategic information in the
            interest of national security.

        ``(c) Continued Applicability of Title 5, United States Code.--
    Officers and employees of the Office shall be subject to the provisions
    of title 5, United States Code, relating to Federal employees.
        ``(d) Adoption of Existing Labor Agreements.--The Office shall adopt
    all labor agreements which are in effect, as of the day before the
    effective date of the Patent and Trademark Office Efficiency Act, with
    respect to such Office (as then in effect).
        ``(e) Carryover of Personnel.--
                ``(1) From pto.--Effective as of the effective date of the
            Patent and Trademark Office Efficiency Act, all officers and
            employees of the Patent and Trademark Office on the day before
            such effective date shall become officers and employees of the
            Office, without a break in service.
                ``(2) Other personnel.--Any individual who, on the day
            before the effective date of the Patent and Trademark Office

    [[Page 113 STAT. 1501A-578]]

            Efficiency Act, is an officer or employee of the Department of
            Commerce (other than an officer or employee under paragraph (1))
            shall be transferred to the Office, as necessary to carry out
            the purposes of this Act, if--
                        ``(A) such individual serves in a position for which
                    a major function is the performance of work reimbursed
                    by the Patent and Trademark Office, as determined by the
                    Secretary of Commerce;
                        ``(B) such individual serves in a position that
                    performed work in support of the Patent and Trademark
                    Office during at least half of the incumbent's work
                    time, as determined by the Secretary of Commerce; or
                        ``(C) such transfer would be in the interest of the
                    Office, as determined by the Secretary of Commerce in
                    consultation with the Director.
            Any transfer under this paragraph shall be effective as of the
            same effective date as referred to in paragraph (1), and shall
            be made without a break in service.

        ``(f ) Transition Provisions.--
                ``(1) Interim appointment of director.--On or after the
            effective date of the Patent and Trademark Office Efficiency
            Act, the President shall appoint an individual to serve as the
            Director until the date on which a Director qualifies under
            subsection (a). The President shall not make more than one such
            appointment under this subsection.
                ``(2) Continuation in office of certain officers.--(A) The
            individual serving as the Assistant Commissioner for Patents on
            the day before the effective date of the Patent and Trademark
            Office Efficiency Act may serve as the Commissioner for Patents
            until the date on which a Commissioner for Patents is appointed
            under subsection (b).
                ``(B) The individual serving as the Assistant Commissioner
            for Trademarks on the day before the effective date of the
            Patent and Trademark Office Efficiency Act may serve as the
            Commissioner for Trademarks until the date on which a
            Commissioner for Trademarks is appointed under subsection
            (b).''.

    SEC. 4714. PUBLIC ADVISORY COMMITTEES.

        Chapter 1 of part I of title 35, United States Code, is amended by
    inserting after section 4 the following:
    ``Sec. 5. Patent and Trademark Office Public Advisory Committees

        ``(a) Establishment of Public Advisory Committees.--
                ``(1) Appointment.--The United States Patent and Trademark
            Office shall have a Patent Public Advisory Committee and a
            Trademark Public Advisory Committee, each of which shall have
            nine voting members who shall be appointed by the Secretary of
            Commerce and serve at the pleasure of the Secretary of Commerce.
            Members of each Public Advisory Committee shall be appointed for
            a term of 3 years, except that of the members first appointed,
            three shall be appointed for a term of 1 year, and three shall
            be appointed for a term of 2 years. In making appointments to
            each Committee, the

    [[Page 113 STAT. 1501A-579]]

            Secretary of Commerce shall consider the risk of loss of
            competitive advantage in international commerce or other harm to
            United States companies as a result of such appointments.
                ``(2) Chair.--The Secretary shall designate a chair of each
            Advisory Committee, whose term as chair shall be for 3 years.
                ``(3) Timing of appointments.--Initial appointments to each
            Advisory Committee shall be made within 3 months after the
            effective date of the Patent and Trademark Office Efficiency
            Act. Vacancies shall be filled within 3 months after they occur.

        ``(b) Basis for Appointments.--Members of each Advisory Committee--
                ``(1) shall be citizens of the United States who shall be
            chosen so as to represent the interests of diverse users of the
            United States Patent and Trademark Office with respect to
            patents, in the case of the Patent Public Advisory Committee,
            and with respect to trademarks, in the case of the Trademark
            Public Advisory Committee;
                ``(2) shall include members who represent small and large
            entity applicants located in the United States in proportion to
            the number of applications filed by such applicants, but in no
            case shall members who represent small entity patent applicants,
            including small business concerns, independent inventors, and
            nonprofit organizations, constitute less than 25 percent of the
            members of the Patent Public Advisory Committee, and such
            members shall include at least one independent inventor; and
                ``(3) shall include individuals with substantial background
            and achievement in finance, management, labor relations,
            science, technology, and office automation.

    In addition to the voting members, each Advisory Committee shall include
    a representative of each labor organization recognized by the United
    States Patent and Trademark Office. Such representatives shall be
    nonvoting members of the Advisory Committee to which they are appointed.
        ``(c) Meetings.--Each Advisory Committee shall meet at the call of
    the chair to consider an agenda set by the chair.
        ``(d) Duties.--Each Advisory Committee shall--
                ``(1) review the policies, goals, performance, budget, and
            user fees of the United States Patent and Trademark Office with
            respect to patents, in the case of the Patent Public Advisory
            Committee, and with respect to Trademarks, in the case of the
            Trademark Public Advisory Committee, and advise the Director on
            these matters;
                ``(2) within 60 days after the end of each fiscal year--
                        ``(A) prepare an annual report on the matters
                    referred to in paragraph (1);
                        ``(B) transmit the report to the Secretary of
                    Commerce, the President, and the Committees on the
                    Judiciary of the Senate and the House of
                    Representatives; and
                        ``(C) publish the report in the Official Gazette of
                    the United States Patent and Trademark Office.

        ``(e) Compensation.--Each member of each Advisory Committee shall be
    compensated for each day (including travel time) during which such
    member is attending meetings or conferences of that Advisory Committee
    or otherwise engaged in the business of that Advisory Committee, at the
    rate which is the daily equivalent of the annual rate of basic pay in
    effect for level III of the

    [[Page 113 STAT. 1501A-580]]

    Executive Schedule under section 5314 of title 5, United States Code.
    While away from such member's home or regular place of business such
    member shall be allowed travel expenses, including per diem in lieu of
    subsistence, as authorized by section 5703 of title 5, United States
    Code.
        ``(f ) Access to Information.--Members of each Advisory Committee
    shall be provided access to records and information in the United States
    Patent and Trademark Office, except for personnel or other privileged
    information and information concerning patent applications required to
    be kept in confidence by section 122.
        ``(g) Applicability of Certain Ethics Laws.--Members of each
    Advisory Committee shall be special Government employees within the
    meaning of section 202 of title 18, United States Code.
        ``(h) Inapplicability of Federal Advisory Committee Act.--The
    Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to each
    Advisory Committee.
        ``(i) Open Meetings.--The meetings of each Advisory Committee shall
    be open to the public, except that each Advisory Committee may by
    majority vote meet in executive session when considering personnel or
    other confidential information.''.

    SEC. 4715. CONFORMING AMENDMENTS.

        (a) Duties.--Chapter 1 of title 35, United States Code, is amended
    by striking section 6.
        (b) Regulations for Agents and Attorneys.--Section 31 of title 35,
    United States Code, and the item relating to such section in the table
    of sections for chapter 3 of title 35, United States Code, are repealed.
        (c) Suspension or Exclusion From Practice.--Section 32 of title 35,
    United States Code, is amended by striking ``31'' and inserting
    ``2(b)(2)(D)''.

    SEC. 4716. TRADEMARK TRIAL AND APPEAL BOARD.

        Section 17 of the Act of July 5, 1946 (commonly referred to as the
    ``Trademark Act of 1946'') (15 U.S.C. 1067) is amended to read as
    follows:
        ``Sec. 17. (a) In every case of interference, opposition to
    registration, application to register as a lawful concurrent user, or
    application to cancel the registration of a mark, the Director shall
    give notice to all parties and shall direct a Trademark Trial and Appeal
    Board to determine and decide the respective rights of registration.
        ``(b) The Trademark Trial and Appeal Board shall include the
    Director, the Commissioner for Patents, the Commissioner for Trademarks,
    and administrative trademark judges who are appointed by the
    Director.''.

    SEC. 4717. BOARD OF PATENT APPEALS AND INTERFERENCES.

        Chapter 1 of title 35, United States Code, is amended--
                (1) by striking section 7 and redesignating sections 8
            through 14 as sections 7 through 13, respectively; and
                (2) by inserting after section 5 the following:

    ``Sec. 6. Board of Patent Appeals and Interferences

        ``(a) Establishment and Composition.--There shall be in the United
    States Patent and Trademark Office a Board of Patent Appeals and
    Interferences. The Director, the Commissioner for Patents, the
    Commissioner for Trademarks, and the administrative patent judges shall
    constitute the Board. The administrative patent

    [[Page 113 STAT. 1501A-581]]

    judges shall be persons of competent legal knowledge and scientific
    ability who are appointed by the Director.
        ``(b) Duties.--The Board of Patent Appeals and Interferences shall,
    on written appeal of an applicant, review adverse decisions of examiners
    upon applications for patents and shall determine priority and
    patentability of invention in interferences declared under section
    135(a). Each appeal and interference shall be heard by at least three
    members of the Board, who shall be designated by the Director. Only the
    Board of Patent Appeals and Interferences may grant rehearings.''.

    SEC. 4718. ANNUAL REPORT OF DIRECTOR.

        Section 13 of title 35, United States Code, as redesignated by
    section 4717 of this subtitle, is amended to read as follows:

    ``Sec. 13. Annual report to Congress

        ``The Director shall report to the Congress, not later than 180 days
    after the end of each fiscal year, the moneys received and expended by
    the Office, the purposes for which the moneys were spent, the quality
    and quantity of the work of the Office, the nature of training provided
    to examiners, the evaluation of the Commissioner of Patents and the
    Commissioner of Trademarks by the Secretary of Commerce, the
    compensation of the Commissioners, and other information relating to the
    Office.''.

    SEC. 4719. SUSPENSION OR EXCLUSION FROM PRACTICE.

        Section 32 of title 35, United States Code, is amended by inserting
    before the last sentence the following: ``The Director shall have the
    discretion to designate any attorney who is an officer or employee of
    the United States Patent and Trademark Office to conduct the hearing
    required by this section.''.

    SEC. 4720. PAY OF DIRECTOR AND DEPUTY DIRECTOR.

        (a) Pay of Director.--Section 5314 of title 5, United States Code,
    is amended by striking:
                ``Assistant Secretary of Commerce and Commissioner of
            Patents and Trademarks.''.

    and inserting:
                ``Under Secretary of Commerce for Intellectual Property and
            Director of the United States Patent and Trademark Office.''.

        (b) Pay of Deputy Director.--Section 5315 of title 5, United States
    Code, is amended by adding at the end the following:
                ``Deputy Under Secretary of Commerce for Intellectual
            Property and Deputy Director of the United States Patent and
            Trademark Office.''.

                 CHAPTER 2--EFFECTIVE DATE; TECHNICAL AMENDMENTS

    SEC. 4731. EFFECTIVE DATE.

        This subtitle and the amendments made by this subtitle shall take
    effect 4 months after the date of the enactment of this Act.

    SEC. 4732. TECHNICAL AND CONFORMING AMENDMENTS.

        (a) Amendments to Title 35, United States Code.--

    [[Page 113 STAT. 1501A-582]]

                (1) The item relating to part I in the table of parts for
            chapter 35, United States Code, is amended to read as follows:

    ``I. United States Patent and Trademark Office....................  1''.

                (2) The heading for part I of title 35, United States Code,
            is amended to read as follows:

             ``PART I--UNITED STATES PATENT AND TRADEMARK OFFICE''.

                (3) The table of chapters for part I of title 35, United
            States Code, is amended by amending the item relating to chapter
            1 to read as follows:

    ``1. Establishment, Officers and Employees, Functions.............  1''.

                (4) The table of sections for chapter 1 of title 35, United
            States Code, is amended to read as follows:

          ``CHAPTER 1--ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

    ``Sec.
    `` 1. Establishment.
    `` 2. Powers and duties.
    `` 3. Officers and employees.
    `` 4. Restrictions on officers and employees as to interest in patents.
    `` 5. Patent and Trademark Office Public Advisory Committees.
    `` 6. Board of Patent Appeals and Interferences.
    `` 7. Library.
    `` 8. Classification of patents.
    `` 9. Certified copies of records.
    ``10. Publications.
    ``11. Exchange of copies of patents and applications with foreign
               countries.
    ``12. Copies of patents and applications for public libraries.
    ``13. Annual report to Congress.''.

                (5) Section 41(h) of title 35, United States Code, is
            amended by striking ``Commissioner of Patents and Trademarks''
            and inserting ``Director''.
                (6) Section 155 of title 35, United States Code, is amended
            by striking ``Commissioner of Patents and Trademarks'' and
            inserting ``Director''.
                (7) Section 155A(c) of title 35, United States Code, is
            amended by striking ``Commissioner of Patents and Trademarks''
            and inserting ``Director''.
                (8) Section 302 of title 35, United States Code, is amended
            by striking ``Commissioner of Patents'' and inserting
            ``Director''.
                (9)(A) Section 303 of title 35, United States Code, is
            amended--
                        (i) in the section heading by striking
                    ``Commissioner'' and inserting ``Director''; and
                        (ii) by striking ``Commissioner's'' and inserting
                    ``Director's''.
                (B) The item relating to section 303 in the table of
            sections for chapter 30 of title 35, United States Code, is
            amended by striking ``Commissioner'' and inserting ``Director''.
                (10)(A) Except as provided in subparagraph (B), title 35,
            United States Code, is amended by striking ``Commissioner'' each
            place it appears and inserting ``Director''.
                (B) Chapter 17 of title 35, United States Code, is amended
            by striking ``Commissioner'' each place it appears and inserting
            ``Commissioner of Patents''.

    [[Page 113 STAT. 1501A-583]]

                (11) Section 157(d) of title 35, United States Code, is
            amended by striking ``Secretary of Commerce'' and inserting
            ``Director''.
                (12) Section 202(a) of title 35, United States Code, is
            amended--
                        (A) by striking ``iv)'' and inserting ``(iv)''; and
                        (B) by striking the second period after ``Department
                    of Energy'' at the end of the first sentence.

        (b) Other Provisions of Law.--
                (1)(A) Section 45 of the Act of July 5, 1946 (commonly
            referred to as the ``Trademark Act of 1946''; 15 U.S.C. 1127),
            is amended by striking ``The term `Commissioner' means the
            Commissioner of Patents and Trademarks.'' and inserting ``The
            term `Director' means the Under Secretary of Commerce for
            Intellectual Property and Director of the United States Patent
            and Trademark Office.''.
                (B) The Act of July 5, 1946 (commonly referred to as the
            ``Trademark Act of 1946''; 15 U.S.C. 1051 et seq.), except for
            section 17, as amended by 4716 of this subtitle, is amended by
            striking ``Commissioner'' each place it appears and inserting
            ``Director''.
                (C) Sections 8(e) and 9(b) of the Trademark Act of 1946 are
            each amended by striking ``Commissioner'' and inserting
            ``Director''.
                (2) Section 500(e) of title 5, United States Code, is
            amended by striking ``Patent Office'' and inserting ``United
            States Patent and Trademark Office''.
                (3) Section 5102(c)(23) of title 5, United States Code, is
            amended to read as follows:
                ``(23) administrative patent judges and designated
            administrative patent judges in the United States Patent and
            Trademark Office;''.
                (4) Section 5316 of title 5, United States Code (5 U.S.C.
            5316) is amended by striking ``Commissioner of Patents,
            Department of Commerce.'', ``Deputy Commissioner of Patents and
            Trademarks.'', ``Assistant Commissioner for Patents.'', and
            ``Assistant Commissioner for Trademarks.''.
                (5) Section 9(p)(1)(B) of the Small Business Act (15 U.S.C.
            638(p)(1)(B)) is amended to read as follows:
                        ``(B) the Under Secretary of Commerce for
                    Intellectual Property and Director of the United States
                    Patent and Trademark Office; and''.
                (6) Section 12 of the Act of February 14, 1903 (15 U.S.C.
            1511) is amended--
                        (A) by striking ``(d) Patent and Trademark Office;''
                    and inserting:
                ``(4) United States Patent and Trademark Office''; and
                        (B) by redesignating subsections (a), (b), (c), (e),
                    (f ), and (g) as paragraphs (1), (2), (3), (5), (6), and
                    (7), respectively and indenting the paragraphs as so
                    redesignated 2 ems to the right.
                (7) Section 19 of the Tennessee Valley Authority Act of 1933
            (16 U.S.C. 831r) is amended--
                        (A) by striking ``Patent Office of the United
                    States'' and inserting ``United States Patent and
                    Trademark Office''; and

    [[Page 113 STAT. 1501A-584]]

                        (B) by striking ``Commissioner of Patents'' and
                    inserting ``Under Secretary of Commerce for Intellectual
                    Property and Director of the United States Patent and
                    Trademark Office''.
                (8) Section 182(b)(2)(A) of the Trade Act of 1974 (19 U.S.C.
            2242(b)(2)(A)) is amended by striking ``Commissioner of Patents
            and Trademarks'' and inserting ``Under Secretary of Commerce for
            Intellectual Property and Director of the United States Patent
            and Trademark Office''.
                (9) Section 302(b)(2)(D) of the Trade Act of 1974 (19 U.S.C.
            2412(b)(2)(D)) is amended by striking ``Commissioner of Patents
            and Trademarks'' and inserting ``Under Secretary of Commerce for
            Intellectual Property and Director of the United States Patent
            and Trademark Office''.
                (10) The Act of April 12, 1892 (27 Stat. 395; 20 U.S.C. 91)
            is amended by striking ``Patent Office'' and inserting ``United
            States Patent and Trademark Office''.
                (11) Sections 505(m) and 512(o) of the Federal Food, Drug,
            and Cosmetic Act (21 U.S.C. 355(m) and 360b(o)) are each amended
            by striking ``Patent and Trademark Office of the Department of
            Commerce'' and inserting ``United States Patent and Trademark
            Office''.
                (12) Section 702(d) of the Federal Food, Drug, and Cosmetic
            Act (21 U.S.C. 372(d)) is amended by striking ``Commissioner of
            Patents'' and inserting ``Under Secretary of Commerce for
            Intellectual Property and Director of the United States Patent
            and Trademark Office'' and by striking ``Commissioner'' and
            inserting ``Director''.
                (13) Section 105(e) of the Federal Alcohol Administration
            Act (27 U.S.C. 205(e)) is amended by striking ``United States
            Patent Office'' and inserting ``United States Patent and
            Trademark Office''.
                (14) Section 1295(a)(4) of title 28, United States Code, is
            amended--
                        (A) in subparagraph (A) by inserting ``United
                    States'' before ``Patent and Trademark''; and
                        (B) in subparagraph (B) by striking ``Commissioner
                    of Patents and Trademarks'' and inserting ``Under
                    Secretary of Commerce for Intellectual Property and
                    Director of the United States Patent and Trademark
                    Office''.
                (15) Chapter 115 of title 28, United States Code, is
            amended--
                        (A) in the item relating to section 1744 in the
                    table of sections by striking ``Patent Office'' and
                    inserting ``United States Patent and Trademark Office'';
                        (B) in section 1744--
                              (i) by striking ``Patent Office'' each place
                          it appears in the text and section heading and
                          inserting ``United States Patent and Trademark
                          Office''; and
                              (ii) by striking ``Commissioner of Patents''
                          and inserting ``Under Secretary of Commerce for
                          Intellectual Property and Director of the United
                          States Patent and Trademark Office''; and
                        (C) by striking ``Commissioner'' and inserting
                    ``Director''.

    [[Page 113 STAT. 1501A-585]]

                (16) Section 1745 of title 28, United States Code, is
            amended by striking ``United States Patent Office'' and
            inserting ``United States Patent and Trademark Office''.
                (17) Section 1928 of title 28, United States Code, is
            amended by striking ``Patent Office'' and inserting ``United
            States Patent and Trademark Office''.
                (18) Section 151 of the Atomic Energy Act of 1954 (42 U.S.C.
            2181) is amended in subsections c. and d. by striking
            ``Commissioner of Patents'' and inserting ``Under Secretary of
            Commerce for Intellectual Property and Director of the United
            States Patent and Trademark Office''.
                (19) Section 152 of the Atomic Energy Act of 1954 (42 U.S.C.
            2182) is amended by striking ``Commissioner of Patents'' each
            place it appears and inserting ``Under Secretary of Commerce for
            Intellectual Property and Director of the United States Patent
            and Trademark Office''.
                (20) Section 305 of the National Aeronautics and Space Act
            of 1958 (42 U.S.C. 2457) is amended--
                        (A) in subsection (c) by striking ``Commissioner of
                    Patents'' and inserting ``Under Secretary of Commerce
                    for Intellectual Property and Director of the United
                    States Patent and Trademark Office (hereafter in this
                    section referred to as the `Director')''; and
                        (B) by striking ``Commissioner'' each subsequent
                    place it appears and inserting ``Director''.
                (21) Section 12(a) of the Solar Heating and Cooling
            Demonstration Act of 1974 (42 U.S.C. 5510(a)) is amended by
            striking ``Commissioner of the Patent Office'' and inserting
            ``Under Secretary of Commerce for Intellectual Property and
            Director of the United States Patent and Trademark Office''.
                (22) Section 1111 of title 44, United States Code, is
            amended by striking ``the Commissioner of Patents,''.
                (23) Section 1114 of title 44, United States Code, is
            amended by striking ``the Commissioner of Patents,''.
                (24) Section 1123 of title 44, United States Code, is
            amended by striking ``the Patent Office,''.
                (25) Sections 1337 and 1338 of title 44, United States Code,
            and the items relating to those sections in the table of
            contents for chapter 13 of such title, are repealed.
                (26) Section 10(i) of the Trading with the Enemy Act (50
            U.S.C. App. 10(i)) is amended by striking ``Commissioner of
            Patents'' and inserting ``Under Secretary of Commerce for
            Intellectual Property and Director of the United States Patent
            and Trademark Office''.

                       CHAPTER 3--MISCELLANEOUS PROVISIONS

    SEC. 4741. REFERENCES.

        (a) In General.--Any reference in any other Federal law, Executive
    order, rule, regulation, or delegation of authority, or any document of
    or pertaining to a department or office from which a function is
    transferred by this subtitle--
                (1) to the head of such department or office is deemed to
            refer to the head of the department or office to which such
            function is transferred; or
                (2) to such department or office is deemed to refer to the
            department or office to which such function is transferred.

    [[Page 113 STAT. 1501A-586]]

        (b) Specific References.--Any reference in any other Federal law,
    Executive order, rule, regulation, or delegation of authority, or any
    document of or pertaining to the Patent and Trademark Office--
                (1) to the Commissioner of Patents and Trademarks is deemed
            to refer to the Under Secretary of Commerce for Intellectual
            Property and Director of the United States Patent and Trademark
            Office;
                (2) to the Assistant Commissioner for Patents is deemed to
            refer to the Commissioner for Patents; or
                (3) to the Assistant Commissioner for Trademarks is deemed
            to refer to the Commissioner for Trademarks.

    SEC. 4742. EXERCISE OF AUTHORITIES.

        Except as otherwise provided by law, a Federal official to whom a
    function is transferred by this subtitle may, for purposes of performing
    the function, exercise all authorities under any other provision of law
    that were available with respect to the performance of that function to
    the official responsible for the performance of the function immediately
    before the effective date of the transfer of the function under this
    subtitle.

    SEC. 4743. SAVINGS PROVISIONS.

        (a) Legal Documents.--All orders, determinations, rules,
    regulations, permits, grants, loans, contracts, agreements,
    certificates, licenses, and privileges--
                (1) that have been issued, made, granted, or allowed to
            become effective by the President, the Secretary of Commerce,
            any officer or employee of any office transferred by this
            subtitle, or any other Government official, or by a court of
            competent jurisdiction, in the performance of any function that
            is transferred by this subtitle; and
                (2) that are in effect on the effective date of such
            transfer (or become effective after such date pursuant to their
            terms as in effect on such effective date), shall continue in
            effect according to their terms until modified, terminated,
            superseded, set aside, or revoked in accordance with law by the
            President, any other authorized official, a court of competent
            jurisdiction, or operation of law.

        (b) Proceedings.--This subtitle shall not affect any proceedings or
    any application for any benefits, service, license, permit, certificate,
    or financial assistance pending on the effective date of this subtitle
    before an office transferred by this subtitle, but such proceedings and
    applications shall be continued. Orders shall be issued in such
    proceedings, appeals shall be taken therefrom, and payments shall be
    made pursuant to such orders, as if this subtitle had not been enacted,
    and orders issued in any such proceeding shall continue in effect until
    modified, terminated, superseded, or revoked by a duly authorized
    official, by a court of competent jurisdiction, or by operation of law.
    Nothing in this subsection shall be considered to prohibit the
    discontinuance or modification of any such proceeding under the same
    terms and conditions and to the same extent that such proceeding could
    have been discontinued or modified if this subtitle had not been
    enacted.
        (c) Suits.--This subtitle shall not affect suits commenced before
    the effective date of this subtitle, and in all such suits, proceedings
    shall be had, appeals taken, and judgments rendered in the same

    [[Page 113 STAT. 1501A-587]]

    manner and with the same effect as if this subtitle had not been
    enacted.
        (d) Nonabatement of Actions.--No suit, action, or other proceeding
    commenced by or against the Department of Commerce or the Secretary of
    Commerce, or by or against any individual in the official capacity of
    such individual as an officer or employee of an office transferred by
    this subtitle, shall abate by reason of the enactment of this subtitle.
        (e) Continuance of Suits.--If any Government officer in the official
    capacity of such officer is party to a suit with respect to a function
    of the officer, and under this subtitle such function is transferred to
    any other officer or office, then such suit shall be continued with the
    other officer or the head of such other office, as applicable,
    substituted or added as a party.
        (f ) Administrative Procedure and Judicial Review.--Except as
    otherwise provided by this subtitle, any statutory requirements relating
    to notice, hearings, action upon the record, or administrative or
    judicial review that apply to any function transferred by this subtitle
    shall apply to the exercise of such function by the head of the Federal
    agency, and other officers of the agency, to which such function is
    transferred by this subtitle.

    SEC. 4744. TRANSFER OF ASSETS.

        Except as otherwise provided in this subtitle, so much of the
    personnel, property, records, and unexpended balances of appropriations,
    allocations, and other funds employed, used, held, available, or to be
    made available in connection with a function transferred to an official
    or agency by this subtitle shall be available to the official or the
    head of that agency, respectively, at such time or times as the Director
    of the Office of Management and Budget directs for use in connection
    with the functions transferred.

    SEC. 4745. DELEGATION AND ASSIGNMENT.

        Except as otherwise expressly prohibited by law or otherwise
    provided in this subtitle, an official to whom functions are transferred
    under this subtitle (including the head of any office to which functions
    are transferred under this subtitle) may delegate any of the functions
    so transferred to such officers and employees of the office of the
    official as the official may designate, and may authorize successive
    redelegations of such functions as may be necessary or appropriate. No
    delegation of functions under this section or under any other provision
    of this subtitle shall relieve the official to whom a function is
    transferred under this subtitle of responsibility for the administration
    of the function.
    SEC. 4746. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND
                              BUDGET WITH RESPECT TO FUNCTIONS
                              TRANSFERRED.

        (a) Determinations.--If necessary, the Director of the Office of
    Management and Budget shall make any determination of the functions that
    are transferred under this subtitle.
        (b) Incidental Transfers.--The Director of the Office of Management
    and Budget, at such time or times as the Director shall provide, may
    make such determinations as may be necessary with regard to the
    functions transferred by this subtitle, and to make such additional
    incidental dispositions of personnel, assets, liabilities, grants,
    contracts, property, records, and unexpended balances of appropriations,
    authorizations, allocations, and other funds

    [[Page 113 STAT. 1501A-588]]

    held, used, arising from, available to, or to be made available in
    connection with such functions, as may be necessary to carry out the
    provisions of this subtitle. The Director shall provide for the
    termination of the affairs of all entities terminated by this subtitle
    and for such further measures and dispositions as may be necessary to
    effectuate the purposes of this subtitle.

    SEC. 4747. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFERS.

        For purposes of this subtitle, the vesting of a function in a
    department or office pursuant to reestablishment of an office shall be
    considered to be the transfer of the function.

    SEC. 4748. AVAILABILITY OF EXISTING FUNDS.

        Existing appropriations and funds available for the performance of
    functions, programs, and activities terminated pursuant to this subtitle
    shall remain available, for the duration of their period of
    availability, for necessary expenses in connection with the termination
    and resolution of such functions, programs, and activities, subject to
    the submission of a plan to the Committees on Appropriations of the
    House and Senate in accordance with the procedures set forth in section
    605 of the Departments of Commerce, Justice, and State, the Judiciary,
    and Related Agencies Appropriations Act, 1999, as contained in Public
    Law 105-277.

    SEC. 4749. DEFINITIONS.

        For purposes of this subtitle--
                (1) the term ``function'' includes any duty, obligation,
            power, authority, responsibility, right, privilege, activity, or
            program; and
                (2) the term ``office'' includes any office, administration,
            agency, bureau, institute, council, unit, organizational entity,
            or component thereof.

                   Subtitle H--Miscellaneous Patent Provisions

    SEC. 4801. PROVISIONAL APPLICATIONS.

        (a) Abandonment.--Section 111(b)(5) of title 35, United States Code,
    is amended to read as follows:
                ``(5) Abandonment.--Notwithstanding the absence of a claim,
            upon timely request and as prescribed by the Director, a
            provisional application may be treated as an application filed
            under subsection (a). Subject to section 119(e)(3) of this
            title, if no such request is made, the provisional application
            shall be regarded as abandoned 12 months after the filing date
            of such application and shall not be subject to revival after
            such 12-month period.''.

        (b) Technical Amendment Relating to Weekends and Holidays.--Section
    119(e) of title 35, United States Code, is amended by adding at the end
    the following:
                ``(3) If the day that is 12 months after the filing date of
            a provisional application falls on a Saturday, Sunday, or
            Federal holiday within the District of Columbia, the period of
            pendency of the provisional application shall be extended to the
            next succeeding secular or business day.''.

    [[Page 113 STAT. 1501A-589]]

        (c) Elimination of Copendency Requirement.--Section 119(e)(2) of
    title 35, United States Code, is amended by striking ``and the
    provisional application was pending on the filing date of the
    application for patent under section 111(a) or section 363 of this
    title''.
        (d) Effective Date.--The amendments made by this section shall take
    effect on the date of the enactment of this Act and shall apply to any
    provisional application filed on or after June 8, 1995, except that the
    amendments made by subsections (b) and (c) shall have no effect with
    respect to any patent which is the subject of litigation in an action
    commenced before such date of enactment.

    SEC. 4802. INTERNATIONAL APPLICATIONS.

        Section 119 of title 35, United States Code, is amended as follows:
                (1) In subsection (a), insert ``or in a WTO member
            country,'' after ``or citizens of the United States,''.
                (2) At the end of section 119 add the following new
            subsections:

        ``(f ) Applications for plant breeder's rights filed in a WTO member
    country (or in a foreign UPOV Contracting Party) shall have the same
    effect for the purpose of the right of priority under subsections (a)
    through (c) of this section as applications for patents, subject to the
    same conditions and requirements of this section as apply to
    applications for patents.
        ``(g) As used in this section--
                ``(1) the term `WTO member country' has the same meaning as
            the term is defined in section 104(b)(2) of this title; and
                ``(2) the term `UPOV Contracting Party' means a member of
            the International Convention for the Protection of New Varieties
            of Plants.''.
    SEC. 4803. CERTAIN LIMITATIONS ON DAMAGES FOR PATENT INFRINGEMENT
                              NOT APPLICABLE.

        Section 287(c)(4) of title 35, United States Code, is amended by
    striking ``before the date of enactment of this subsection'' and
    inserting ``based on an application the earliest effective filing date
    of which is prior to September 30, 1996''.

    SEC. 4804. ELECTRONIC FILING AND PUBLICATIONS.

        (a) Printing of Papers Filed.--Section 22 of title 35, United States
    Code, is amended by striking ``printed or typewritten'' and inserting
    ``printed, typewritten, or on an electronic medium''.
        (b) Publications.--Section 11(a) of title 35, United States Code, is
    amended by amending the matter preceding paragraph 1 to read as follows:
        ``(a) The Director may publish in printed, typewritten, or
    electronic form, the following:''.
        (c) Copies of Patents for Public Libraries.--Section 13 of title 35,
    United States Code, is amended by striking ``printed copies of
    specifications and drawings of patents'' and inserting ``copies of
    specifications and drawings of patents in printed or electronic form''.
        (d) Maintenance of Collections.--
                (1) Electronic collections.--Section 41(i)(1) of title 35,
            United States Code, is amended by striking ``paper or
            microform'' and inserting ``paper, microform, or electronic''.

    [[Page 113 STAT. 1501A-590]]

                (2) Continuation of maintenance.--The Under Secretary of
            Commerce for Intellectual Property and Director of the United
            States Patent and Trademark Office shall not, pursuant to the
            amendment made by paragraph (1), cease to maintain, for use by
            the public, paper or microform collections of United States
            patents, foreign patent documents, and United States trademark
            registrations, except pursuant to notice and opportunity for
            public comment and except that the Director shall first submit a
            report to the Committees on the Judiciary of the Senate and the
            House of Representatives detailing such plan, including a
            description of the mechanisms in place to ensure the integrity
            of such collections and the data contained therein, as well as
            to ensure prompt public access to the most current available
            information, and certifying that the implementation of such plan
            will not negatively impact the public.
    SEC. 4805. STUDY AND REPORT ON BIOLOGICAL DEPOSITS IN SUPPORT OF
                              BIOTECHNOLOGY PATENTS.

        (a) In General.--Not later than 6 months after the date of the
    enactment of this Act, the Comptroller General of the United States, in
    consultation with the Under Secretary of Commerce for Intellectual
    Property and Director of the United States Patent and Trademark Office,
    shall conduct a study and submit a report to Congress on the potential
    risks to the United States biotechnology industry relating to biological
    deposits in support of biotechnology patents.
        (b) Contents.--The study conducted under this section shall
    include--
                (1) an examination of the risk of export and the risk of
            transfers to third parties of biological deposits, and the risks
            posed by the change to 18-month publication requirements made by
            this subtitle;
                (2) an analysis of comparative legal and regulatory regimes;
            and
                (3) any related recommendations.

        (c) Consideration of Report.--In drafting regulations affecting
    biological deposits (including any modification of title 37, Code of
    Federal Regulations, section 1.801 et seq.), the United States Patent
    and Trademark Office shall consider the recommendations of the study
    conducted under this section.

    SEC. 4806. PRIOR INVENTION.

        Section 102(g) of title 35, United States Code, is amended to read
    as follows:
        ``(g)(1) during the course of an interference conducted under
    section 135 or section 291, another inventor involved therein
    establishes, to the extent permitted in section 104, that before such
    person's invention thereof the invention was made by such other inventor
    and not abandoned, suppressed, or concealed, or (2) before such person's
    invention thereof, the invention was made in this country by another
    inventor who had not abandoned, suppressed, or concealed it. In
    determining priority of invention under this subsection, there shall be
    considered not only the respective dates of conception and reduction to
    practice of the invention, but also the reasonable diligence of one who
    was first to conceive and last to reduce to practice, from a time prior
    to conception by the other.''.

    [[Page 113 STAT. 1501A-591]]

    SEC. 4807. PRIOR ART EXCLUSION FOR CERTAIN COMMONLY ASSIGNED
                              PATENTS.

        (a) Prior Art Exclusion.--Section 103(c) of title 35, United States
    Code, is amended by striking ``subsection (f ) or (g)'' and inserting
    ``one or more of subsections (e), (f ), and (g)''.
        (b) Effective Date.--The amendment made by this section shall apply
    to any application for patent filed on or after the date of the
    enactment of this Act.
    SEC. 4808. EXCHANGE OF COPIES OF PATENTS WITH FOREIGN COUNTRIES.

        Section 12 of title 35, United States Code, is amended by adding at
    the end the following: ``The Director shall not enter into an agreement
    to provide such copies of specifications and drawings of United States
    patents and applications to a foreign country, other than a NAFTA
    country or a WTO member country, without the express authorization of
    the Secretary of Commerce. For purposes of this section, the terms
    `NAFTA country' and `WTO member country' have the meanings given those
    terms in section 104(b).''.

                        TITLE V--MISCELLANEOUS PROVISIONS

    SEC. 5001. COMMISSION ON ONLINE CHILD PROTECTION.

        (a) References.--Wherever in this section an amendment is expressed
    in terms of an amendment to any provision, the reference shall be
    considered to be made to such provision of section 1405 of the Child
    Online Protection Act (47 U.S.C. 231 note).
        (b) Membership.--Subsection (b) is amended--
                (1) by striking paragraph (1) and inserting the following
            new paragraph:
                ``(1) Industry members.--The Commission shall include 16
            members who shall consist of representatives of--
                        ``(A) providers of Internet filtering or blocking
                    services or software;
                        ``(B) Internet access services;
                        ``(C) labeling or ratings services;
                        ``(D) Internet portal or search services;
                        ``(E) domain name registration services;
                        ``(F) academic experts; and
                        ``(G) providers that make content available over the
                    Internet.
            Of the members of the Commission by reason of this paragraph, an
            equal number shall be appointed by the Speaker of the House of
            Representatives and by the Majority Leader of the Senate.
            Members of the Commission appointed on or before October 31,
            1999, shall remain members.''; and
                (2) by adding at the end the following new paragraph:
                ``(3) Prohibition of pay.--Members of the Commission shall
            not receive any pay by reason of their membership on the
            Commission.''.

        (c) Extension of Reporting Deadline.--The matter in subsection (d)
    that precedes paragraph (1) is amended by striking ``1 year'' and
    inserting ``2 years''.

    [[Page 113 STAT. 1501A-592]]

        (d) Termination.--Subsection (f ) is amended by inserting before the
    period at the end the following: ``or November 30, 2000, whichever
    occurs earlier''.
        (e) First Meeting and Chairperson.--Section 1405 is amended--
                (1) by striking subsection (e);
                (2) by redesignating subsections (f ) (as amended by the
            preceding provisions of this section) and (g) as subsections (l)
            and (m), respectively;
                (3) by redesignating subsections (c) and (d) (as amended by
            the preceding provisions of this section) as subsections (e) and
            (f ), respectively; and
                (4) by inserting after subsection (b) the following new
            subsections:

        ``(c) First Meeting.--The Commission shall hold its first meeting
    not later than March 31, 2000.
        ``(d) Chairperson.--The chairperson of the Commission shall be
    elected by a vote of a majority of the members, which shall take place
    not later than 30 days after the first meeting of the Commission.''.
        (f ) Rules of the Commission.--Section 1405 is amended by inserting
    after subsection (f ) (as so redesignated by subsection (e)(3) of this
    section) the following new subsection:
        ``(g) Rules of the Commission.--
                ``(1) Quorum.--Nine members of the Commission shall
            constitute a quorum for conducting the business of the
            Commission.
                ``(2) Meetings.--Any meetings held by the Commission shall
            be duly noticed at least 14 days in advance and shall be open to
            the public.
                ``(3) Opportunities to testify.--The Commission shall
            provide opportunities for representatives of the general public
            to testify.
                ``(4) Additional rules.--The Commission may adopt other
            rules as necessary to carry out this section.''.
    SEC. 5002. PRIVACY PROTECTION FOR DONORS TO PUBLIC BROADCASTING
                              ENTITIES.

        (a) Amendment.--Section 396(k) of the Communications Act of 1934 (47
    U.S.C. 396(k)) is amended by adding at the end the following new
    paragraph:
        ``(12) Funds may not be distributed under this subsection to any
    public broadcasting entity that directly or indirectly--
                ``(A) rents contributor or donor names (or other personally
            identifiable information) to or from, or exchanges such names or
            information with, any Federal, State, or local candidate,
            political party, or political committee; or
                ``(B) discloses contributor or donor names, or other
            personally identifiable information, to any nonaffiliated third
            party unless--
                        ``(i) such entity clearly and conspicuously
                    discloses to the contributor or donor that such
                    information may be disclosed to such third party;
                        ``(ii) the contributor or donor is given the
                    opportunity, before the time that such information is
                    initially disclosed, to direct that such information not
                    be disclosed to such third party; and

    [[Page 113 STAT. 1501A-593]]

                        ``(iii) the contributor or donor is given an
                    explanation of how the contributor or donor may exercise
                    that nondisclosure option.''.

        (b) Effective Date.--The amendment made by subsection (a) shall
    apply with respect to funds distributed on or after 6 months after the
    date of the enactment of this Act.

    SEC. 5003. COMPLETION OF BIENNIAL REGULATORY REVIEW.

        Within 180 days after the date of the enactment of this Act, the
    Federal Communications Commission shall complete the first biennial
    review required by section 202(h) of the Telecommunications Act of 1996
    (Public Law 104-104; 110 Stat. 111).

    SEC. 5004. PUBLIC BROADCASTING ENTITIES.

        (a) Civil Remittance of Damages.--Section 1203(c)(5)(B) of title 17,
    United States Code, is amended to read as follows:
                        ``(B) Nonprofit library, archives, educational
                    institutions, or public broadcasting entities.--
                              ``(i) Definition.--In this subparagraph, the
                          term `public broadcasting entity' has the meaning
                          given such term under section 118(g).
                              ``(ii) In general.--In the case of a nonprofit
                          library, archives, educational institution, or
                          public broadcasting entity, the court shall remit
                          damages in any case in which the library,
                          archives, educational institution, or public
                          broadcasting entity sustains the burden of
                          proving, and the court finds, that the library,
                          archives, educational institution, or public
                          broadcasting entity was not aware and had no
                          reason to believe that its acts constituted a
                          violation.''.

        (b) Criminal Offenses and Penalties.--Section 1204(b) of title 17,
    United States Code, is amended to read as follows:
        ``(b) Limitation for Nonprofit Library, Archives, Educational
    Institution, or Public Broadcasting Entity.--Subsection (a) shall not
    apply to a nonprofit library, archives, educational institution, or
    public broadcasting entity (as defined under section 118(g)).''.
    SEC. 5005. TECHNICAL AMENDMENTS RELATING TO VESSEL HULL DESIGN
                              PROTECTION.

        (a) In General.--
                (1) Section 504(a) of the Digital Millennium Copyright Act
            (Public Law 105-304) is amended to read as follows:

        ``(a) In General.--Not later than November 1, 2003, the Register of
    Copyrights and the Commissioner of Patents and Trademarks shall submit
    to the Committees on the Judiciary of the Senate and the House of
    Representatives a joint report evaluating the effect of the amendments
    made by this title.''.
                (2) Section 505 of the Digital Millennium Copyright Act is
            amended by striking ``and shall remain in effect'' and all that
            follows through the end of the section and inserting a period.
                (3) Section 1301(b)(3) of title 17, United States Code, is
            amended to read as follows:
                ``(3) A `vessel' is a craft--
                        ``(A) that is designed and capable of independently
                    steering a course on or through water through its own
                    means of propulsion; and

    [[Page 113 STAT. 1501A-594]]

                        ``(B) that is designed and capable of carrying and
                    transporting one or more passengers.''.
                (4) Section 1313(c) of title 17, United States Code, is
            amended by adding at the end the following: ``Costs of the
            cancellation procedure under this subsection shall be borne by
            the nonprevailing party or parties, and the Administrator shall
            have the authority to assess and collect such costs.''.

        (b) Tariff Act of 1930.--Section 337 of the Tariff Act of 1930 (19
    U.S.C. 1337) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1)--
                              (i) in subparagraph (A), by striking ``and
                          (D)'' and inserting ``(D), and (E)''; and
                              (ii) by adding at the end the following:
                        ``(E) The importation into the United States, the
                    sale for importation, or the sale within the United
                    States after importation by the owner, importer, or
                    consigner, of an article that constitutes infringement
                    of the exclusive rights in a design protected under
                    chapter 13 of title 17, United States Code.''; and
                        (B) in paragraphs (2) and (3), by striking ``or mask
                    work'' and inserting ``mask work, or design''; and
                (2) in subsection (l), by striking ``or mask work'' each
            place it appears and inserting ``mask work, or design''.

    SEC. 5006. INFORMAL RULEMAKING OF COPYRIGHT DETERMINATION.

        Section 1201(a)(1)(C) of title 17, United States Code, is amended in
    the first sentence by striking ``on the record''.

    SEC. 5007. SERVICE OF PROCESS FOR SURETY CORPORATIONS.

        Section 9306 of title 31, United States Code, is amended--
                (1) in subsection (a) by striking all beginning with
            ``designates a person by written power of attorney'' through the
            end of such subsection and inserting the following: ``has a
            resident agent for service of process for that district. The
            resident agent--
                ``(1) may be an official of the State, the District of
            Columbia, the territory or possession in which the court sits
            who is authorized or appointed under the law of the State,
            District, territory or possession to receive service of process
            on the corporation; or
                ``(2) may be an individual who resides in the jurisdiction
            of the district court for the district in which a surety bond is
            to be provided and who is appointed by the corporation as
            provided in subsection (b)''; and
                (2) in subsection (b) by striking ``The'' and inserting ``If
            the surety corporation meets the requirement of subsection (a)
            by appointing an individual under subsection (a)(2), the''.

    SEC. 5008. LOW-POWER TELEVISION.

        (a) Short Title.--This section may be cited as the ``Community
    Broadcasters Protection Act of 1999''.
        (b) Findings.--Congress finds the following:
                (1) Since the creation of low-power television licenses by
            the Federal Communications Commission, a small number of license
            holders have operated their stations in a manner beneficial to
            the public good providing broadcasting to their communities that
            would not otherwise be available.

    [[Page 113 STAT. 1501A-595]]

                (2) These low-power broadcasters have operated their
            stations in a manner consistent with the programming objectives
            and hours of operation of full-power broadcasters providing
            worthwhile services to their respective communities while under
            severe license limitations compared to their full-power
            counterparts.
                (3) License limitations, particularly the temporary nature
            of the license, have blocked many low-power broadcasters from
            having access to capital, and have severely hampered their
            ability to continue to provide quality broadcasting,
            programming, or improvements.
                (4) The passage of the Telecommunications Act of 1996 has
            added to the uncertainty of the future status of these stations
            by the lack of specific provisions regarding the permanency of
            their licenses, or their treatment during the transition to high
            definition, digital television.
                (5) It is in the public interest to promote diversity in
            television programming such as that currently provided by low-
            power television stations to foreign-language communities.

        (c) Preservation of Low-Power Community Television Broadcasting.--
    Section 336 of the Communications Act of 1934 (47 U.S.C. 336) is
    amended--
                (1) by redesignating subsections (f ) and (g) as subsections
            (g) and (h), respectively; and
                (2) by inserting after subsection (e) the following new
            subsection:

        ``(f ) Preservation of Low-Power Community Television
    Broadcasting.--
                ``(1) Creation of class a licenses.--
                        ``(A) Rulemaking Required.--Within 120 days after
                    the date of the enactment of the Community Broadcasters
                    Protection Act of 1999, the Commission shall prescribe
                    regulations to establish a class A television license to
                    be available to licensees of qualifying low-power
                    television stations. Such regulations shall provide
                    that--
                              ``(i) the license shall be subject to the same
                          license terms and renewal standards as the
                          licenses for full-power television stations except
                          as provided in this subsection; and
                              ``(ii) each such class A licensee shall be
                          accorded primary status as a television
                          broadcaster as long as the station continues to
                          meet the requirements for a qualifying low-power
                          station in paragraph (2).
                        ``(B) Notice to and certification by licensees.--
                    Within 30 days after the date of the enactment of the
                    Community Broadcasters Protection Act of 1999, the
                    Commission shall send a notice to the licensees of all
                    low-power television licenses that describes the
                    requirements for class A designation. Within 60 days
                    after such date of enactment, licensees intending to
                    seek class A designation shall submit to the Commission
                    a certification of eligibility based on the
                    qualification requirements of this subsection. Absent a
                    material deficiency, the Commission shall grant
                    certification of eligibility to apply for class A
                    status.
                        ``(C) Application for and award of licenses.--
                    Consistent with the requirements set forth in paragraph
                    (2)(A)

    [[Page 113 STAT. 1501A-596]]

                    of this subsection, a licensee may submit an application
                    for class A designation under this paragraph within 30
                    days after final regulations are adopted under
                    subparagraph (A) of this paragraph. Except as provided
                    in paragraphs (6) and (7), the Commission shall, within
                    30 days after receipt of an application of a licensee of
                    a qualifying low-power television station that is
                    acceptable for filing, award such a class A television
                    station license to such licensee.
                        ``(D) Resolution of technical problems.--The
                    Commission shall act to preserve the service areas of
                    low-power television licensees pending the final
                    resolution of a class A application. If, after granting
                    certification of eligibility for a class A license,
                    technical problems arise requiring an engineering
                    solution to a full-power station's allotted parameters
                    or channel assignment in the digital television Table of
                    Allotments, the Commission shall make such modifications
                    as necessary--
                              ``(i) to ensure replication of the full-power
                          digital television applicant's service area, as
                          provided for in sections 73.622 and 73.623 of the
                          Commission's regulations (47 CFR 73.622, 73.623);
                          and
                              ``(ii) to permit maximization of a full-power
                          digital television applicant's service area
                          consistent with such sections 73.622 and 73.623,
                    if such applicant has filed an application for
                    maximization or a notice of its intent to seek such
                    maximization by December 31, 1999, and filed a bona fide
                    application for maximization by May 1, 2000. Any such
                    applicant shall comply with all applicable Commission
                    rules regarding the construction of digital television
                    facilities.
                        ``(E) Change applications.--If a station that is
                    awarded a construction permit to maximize or
                    significantly enhance its digital television service
                    area, later files a change application to reduce its
                    digital television service area, the protected contour
                    of that station shall be reduced in accordance with such
                    change modification.
                ``(2) Qualifying low-power television stations.--For
            purposes of this subsection, a station is a qualifying low-power
            television station if--
                        ``(A)(i) during the 90 days preceding the date of
                    the enactment of the Community Broadcasters Protection
                    Act of 1999--
                              ``(I) such station broadcast a minimum of 18
                          hours per day;
                              ``(II) such station broadcast an average of at
                          least 3 hours per week of programming that was
                          produced within the market area served by such
                          station, or the market area served by a group of
                          commonly controlled low-power stations that carry
                          common local programming produced within the
                          market area served by such group; and
                              ``(III) such station was in compliance with
                          the Commission's requirements applicable to low-
                          power television stations; and
                        ``(ii) from and after the date of its application
                    for a class A license, the station is in compliance with
                    the

    [[Page 113 STAT. 1501A-597]]

                    Commission's operating rules for full-power television
                    stations; or
                        ``(B) the Commission determines that the public
                    interest, convenience, and necessity would be served by
                    treating the station as a qualifying low-power
                    television station for purposes of this section, or for
                    other reasons determined by the Commission.
                ``(3) Common ownership.--No low-power television station
            authorized as of the date of the enactment of the Community
            Broadcasters Protection Act of 1999 shall be disqualified for a
            class A license based on common ownership with any other medium
            of mass communication.
                ``(4) Issuance of licenses for advanced television services
            to television translator stations and qualifying low-power
            television stations.--The Commission is not required to issue
            any additional license for advanced television services to the
            licensee of a class A television station under this subsection,
            or to any licensee of any television translator station, but
            shall accept a license application for such services proposing
            facilities that will not cause interference to the service area
            of any other broadcast facility applied for, protected,
            permitted, or authorized on the date of filing of the advanced
            television application. Such new license or the original license
            of the applicant shall be forfeited after the end of the digital
            television service transition period, as determined by the
            Commission. A licensee of a low-power television station or
            television translator station may, at the option of licensee,
            elect to convert to the provision of advanced television
            services on its analog channel, but shall not be required to
            convert to digital operation until the end of such transition
            period.
                ``(5) No preemption of section 337.--Nothing in this
            subsection preempts or otherwise affects section 337 of this
            Act.
                ``(6) Interim qualification.--
                        ``(A) Stations operating within certain bandwidth.--
                    The Commission may not grant a class A license to a low-
                    power television station for operation between 698 and
                    806 megahertz, but the Commission shall provide to low-
                    power television stations assigned to and temporarily
                    operating in that bandwidth the opportunity to meet the
                    qualification requirements for a class A license. If
                    such a qualified applicant for a class A license is
                    assigned a channel within the core spectrum (as such
                    term is defined in MM Docket No. 87-286, February 17,
                    1998), the Commission shall issue a class A license
                    simultaneously with the assignment of such channel.
                        ``(B) Certain channels off-limits.--The Commission
                    may not grant under this subsection a class A license to
                    a low-power television station operating on a channel
                    within the core spectrum that includes any of the 175
                    additional channels referenced in paragraph 45 of its
                    February 23, 1998, Memorandum Opinion and Order on
                    Reconsideration of the Sixth Report and Order (MM Docket
                    No. 87-268). Within 18 months after the date of the
                    enactment of the Community Broadcasters Protection Act
                    of 1999, the Commission shall identify by channel,
                    location, and applicable technical parameters those 175
                    channels.

    [[Page 113 STAT. 1501A-598]]

                ``(7) No interference requirement.--The Commission may not
            grant a class A license, nor approve a modification of a class A
            license, unless the applicant or licensee shows that the class A
            station for which the license or modification is sought will not
            cause--
                        ``(A) interference within--
                              ``(i) the predicted Grade B contour (as of the
                          date of the enactment of the Community
                          Broadcasters Protection Act of 1999, or November
                          1, 1999, whichever is later, or as proposed in a
                          change application filed on or before such date)
                          of any television station transmitting in analog
                          format; or
                              ``(ii)(I) the digital television service areas
                          provided in the DTV Table of Allotments; (II) the
                          areas protected in the Commission's digital
                          television regulations (47 CFR 73.622 (e) and (f
                          )); (III) the digital television service areas of
                          stations subsequently granted by the Commission
                          prior to the filing of a class A application; and
                          (IV) stations seeking to maximize power under the
                          Commission's rules, if such station has complied
                          with the notification requirements in paragraph
                          (1)(D);
                        ``(B) interference within the protected contour of
                    any low-power television station or low-power television
                    translator station that--
                              ``(i) was licensed prior to the date on which
                          the application for a class A license, or for the
                          modification of such a license, was filed;
                              ``(ii) was authorized by construction permit
                          prior to such date; or
                              ``(iii) had a pending application that was
                          submitted prior to such date; or
                        ``(C) interference within the protected contour of
                    80 miles from the geographic center of the areas listed
                    in section 22.625(b)(1) or 90.303 of the Commission's
                    regulations (47 CFR 22.625(b)(1) and 90.303) for
                    frequencies in--
                              ``(i) the 470-512 megahertz band identified in
                          section 22.621 or 90.303 of such regulations; or
                              ``(ii) the 482-488 megahertz band in New York.
                ``(8) Priority for displaced low-power stations.--Low-power
            stations that are displaced by an application filed under this
            section shall have priority over other low-power stations in the
            assignment of available channels.''.

                      TITLE VI--SUPERFUND RECYCLING EQUITY

    SEC. 6001. SUPERFUND RECYCLING EQUITY.

        (a) Purposes.--The purposes of this section are--
                (1) to promote the reuse and recycling of scrap material in
            furtherance of the goals of waste minimization and natural
            resource conservation while protecting human health and the
            environment;
                (2) to create greater equity in the statutory treatment of
            recycled versus virgin materials; and

    [[Page 113 STAT. 1501A-599]]

                (3) to remove the disincentives and impediments to recycling
            created as an unintended consequence of the 1980 Superfund
            liability provisions.

        (b) Clarification of Liability Under CERCLA for Recycling
    Transactions.--
                (1) Clarification.--Title I of the Comprehensive
            Environmental Response, Compensation, and Liability Act of 1980
            (42 U.S.C. 9601 et seq.) is amended by adding at the end the
            following new section:

    ``SEC. 127. RECYCLING TRANSACTIONS.

        ``(a) Liability Clarification.--
                ``(1) As provided in subsections (b), (c), (d), and (e), a
            person who arranged for recycling of recyclable material shall
            not be liable under sections 107(a)(3) and 107(a)(4) with
            respect to such material.
                ``(2) A determination whether or not any person shall be
            liable under section 107(a)(3) or section 107(a)(4) for any
            material that is not a recyclable material as that term is used
            in subsections (b) and (c), (d), or (e) of this section shall be
            made, without regard to subsections (b), (c), (d), or (e) of
            this section.

        ``(b) Recyclable Material Defined.--For purposes of this section,
    the term `recyclable material' means scrap paper, scrap plastic, scrap
    glass, scrap textiles, scrap rubber (other than whole tires), scrap
    metal, or spent lead-acid, spent nickel-cadmium, and other spent
    batteries, as well as minor amounts of material incident to or adhering
    to the scrap material as a result of its normal and customary use prior
    to becoming scrap; except that such term shall not include--
                ``(1) shipping containers of a capacity from 30 liters to
            3,000 liters, whether intact or not, having any hazardous
            substance (but not metal bits and pieces or hazardous substance
            that form an integral part of the container) contained in or
            adhering thereto; or
                ``(2) any item of material that contained polychlorinated
            biphenyls at a concentration in excess of 50 parts per million
            or any new standard promulgated pursuant to applicable Federal
            laws.

        ``(c) Transactions Involving Scrap Paper, Plastic, Glass, Textiles,
    or Rubber.--Transactions involving scrap paper, scrap plastic, scrap
    glass, scrap textiles, or scrap rubber (other than whole tires) shall be
    deemed to be arranging for recycling if the person who arranged for the
    transaction (by selling recyclable material or otherwise arranging for
    the recycling of recyclable material) can demonstrate by a preponderance
    of the evidence that all of the following criteria were met at the time
    of the transaction:
                ``(1) The recyclable material met a commercial specification
            grade.
                ``(2) A market existed for the recyclable material.
                ``(3) A substantial portion of the recyclable material was
            made available for use as feedstock for the manufacture of a new
            saleable product.
                ``(4) The recyclable material could have been a replacement
            or substitute for a virgin raw material, or the product to be

    [[Page 113 STAT. 1501A-600]]

            made from the recyclable material could have been a replacement
            or substitute for a product made, in whole or in part, from a
            virgin raw material.
                ``(5) For transactions occurring 90 days or more after the
            date of enactment of this section, the person exercised
            reasonable care to determine that the facility where the
            recyclable material was handled, processed, reclaimed, or
            otherwise managed by another person (hereinafter in this section
            referred to as a `consuming facility') was in compliance with
            substantive (not procedural or administrative) provisions of any
            Federal, State, or local environmental law or regulation, or
            compliance order or decree issued pursuant thereto, applicable
            to the handling, processing, reclamation, storage, or other
            management activities associated with recyclable material.
                ``(6) For purposes of this subsection, `reasonable care'
            shall be determined using criteria that include (but are not
            limited to)--
                        ``(A) the price paid in the recycling transaction;
                        ``(B) the ability of the person to detect the nature
                    of the consuming facility's operations concerning its
                    handling, processing, reclamation, or other management
                    activities associated with recyclable material; and
                        ``(C) the result of inquiries made to the
                    appropriate Federal, State, or local environmental
                    agency (or agencies) regarding the consuming facility's
                    past and current compliance with substantive (not
                    procedural or administrative) provisions of any Federal,
                    State, or local environmental law or regulation, or
                    compliance order or decree issued pursuant thereto,
                    applicable to the handling, processing, reclamation,
                    storage, or other management activities associated with
                    the recyclable material. For the purposes of this
                    paragraph, a requirement to obtain a permit applicable
                    to the handling, processing, reclamation, or other
                    management activity associated with the recyclable
                    materials shall be deemed to be a substantive provision.

        ``(d) Transactions Involving Scrap Metal.--
                ``(1) Transactions involving scrap metal shall be deemed to
            be arranging for recycling if the person who arranged for the
            transaction (by selling recyclable material or otherwise
            arranging for the recycling of recyclable material) can
            demonstrate by a preponderance of the evidence that at the time
            of the transaction--
                        ``(A) the person met the criteria set forth in
                    subsection (c) with respect to the scrap metal;
                        ``(B) the person was in compliance with any
                    applicable regulations or standards regarding the
                    storage, transport, management, or other activities
                    associated with the recycling of scrap metal that the
                    Administrator promulgates under the Solid Waste Disposal
                    Act subsequent to the enactment of this section and with
                    regard to transactions occurring after the effective
                    date of such regulations or standards; and
                        ``(C) the person did not melt the scrap metal prior
                    to the transaction.
                ``(2) For purposes of paragraph (1)(C), melting of scrap
            metal does not include the thermal separation of 2 or more

    [[Page 113 STAT. 1501A-601]]

            materials due to differences in their melting points (referred
            to as `sweating').
                ``(3) For purposes of this subsection, the term `scrap
            metal' means bits and pieces of metal parts (e.g., bars,
            turnings, rods, sheets, wire) or metal pieces that may be
            combined together with bolts or soldering (e.g., radiators,
            scrap automobiles, railroad box cars), which when worn or
            superfluous can be recycled, except for scrap metals that the
            Administrator excludes from this definition by regulation.

        ``(e) Transactions Involving Batteries.--Transactions involving
    spent lead-acid batteries, spent nickel-cadmium batteries, or other
    spent batteries shall be deemed to be arranging for recycling if the
    person who arranged for the transaction (by selling recyclable material
    or otherwise arranging for the recycling of recyclable material) can
    demonstrate by a preponderance of the evidence that at the time of the
    transaction--
                ``(1) the person met the criteria set forth in subsection
            (c) with respect to the spent lead-acid batteries, spent nickel-
            cadmium batteries, or other spent batteries, but the person did
            not recover the valuable components of such batteries; and
                ``(2)(A) with respect to transactions involving lead-acid
            batteries, the person was in compliance with applicable Federal
            environmental regulations or standards, and any amendments
            thereto, regarding the storage, transport, management, or other
            activities associated with the recycling of spent lead-acid
            batteries;
                ``(B) with respect to transactions involving nickel-cadmium
            batteries, Federal environmental regulations or standards are in
            effect regarding the storage, transport, management, or other
            activities associated with the recycling of spent nickel-cadmium
            batteries, and the person was in compliance with applicable
            regulations or standards or any amendments thereto; or
                ``(C) with respect to transactions involving other spent
            batteries, Federal environmental regulations or standards are in
            effect regarding the storage, transport, management, or other
            activities associated with the recycling of such batteries, and
            the person was in compliance with applicable regulations or
            standards or any amendments thereto.

        ``(f) Exclusions.--
                ``(1) The exemptions set forth in subsections (c), (d), and
            (e) shall not apply if--
                        ``(A) the person had an objectively reasonable basis
                    to believe at the time of the recycling transaction--
                              ``(i) that the recyclable material would not
                          be recycled;
                              ``(ii) that the recyclable material would be
                          burned as fuel, or for energy recovery or
                          incineration; or
                              ``(iii) for transactions occurring before 90
                          days after the date of the enactment of this
                          section, that the consuming facility was not in
                          compliance with a substantive (not procedural or
                          administrative) provision of any Federal, State,
                          or local environmental law or regulation, or
                          compliance order or decree issued pursuant
                          thereto, applicable to the handling, processing,
                          reclamation, or other management activities
                          associated with the recyclable material;

    [[Page 113 STAT. 1501A-602]]

                        ``(B) the person had reason to believe that
                    hazardous substances had been added to the recyclable
                    material for purposes other than processing for
                    recycling; or
                        ``(C) the person failed to exercise reasonable care
                    with respect to the management and handling of the
                    recyclable material (including adhering to customary
                    industry practices current at the time of the recycling
                    transaction designed to minimize, through source
                    control, contamination of the recyclable material by
                    hazardous substances).
                ``(2) For purposes of this subsection, an objectively
            reasonable basis for belief shall be determined using criteria
            that include (but are not limited to) the size of the person's
            business, customary industry practices (including customary
            industry practices current at the time of the recycling
            transaction designed to minimize, through source control,
            contamination of the recyclable material by hazardous
            substances), the price paid in the recycling transaction, and
            the ability of the person to detect the nature of the consuming
            facility's operations concerning its handling, processing,
            reclamation, or other management activities associated with the
            recyclable material.
                ``(3) For purposes of this subsection, a requirement to
            obtain a permit applicable to the handling, processing,
            reclamation, or other management activities associated with
            recyclable material shall be deemed to be a substantive
            provision.

        ``(g) Effect on Other Liability.--Nothing in this section shall be
    deemed to affect the liability of a person under paragraph (1) or (2) of
    section 107(a).
        ``(h) Regulations.--The Administrator has the authority, under
    section 115, to promulgate additional regulations concerning this
    section.
        ``(i) Effect on Pending or Concluded Actions.--The exemptions
    provided in this section shall not affect any concluded judicial or
    administrative action or any pending judicial action initiated by the
    United States prior to enactment of this section.
        ``(j) Liability for Attorney's Fees for Certain Actions.--Any person
    who commences an action in contribution against a person who is not
    liable by operation of this section shall be liable to that person for
    all reasonable costs of defending that action, including all reasonable
    attorney's and expert witness fees.
        ``(k) Relationship to Liability Under Other Laws.--Nothing in this
    section shall affect--
                ``(1) liability under any other Federal, State, or local
            statute or regulation promulgated pursuant to any such statute,
            including any requirements promulgated by the Administrator
            under the Solid Waste Disposal Act; or
                ``(2) the ability of the Administrator to promulgate
            regulations under any other statute, including the Solid Waste
            Disposal Act.

        ``(l) Limitation on Statutory Construction.--Nothing in this section
    shall be construed to--
                ``(1) affect any defenses or liabilities of any person to
            whom subsection (a)(1) does not apply; or
                ``(2) create any presumption of liability against any person
            to whom subsection (a)(1) does not apply.''.

    [[Page 113 STAT. 1501A-603]]

                (2) Technical amendment.--The table of contents for title I
            of such Act is amended by adding at the end the following item:

        ``Sec. 127. Recycling transactions.''.