113 STAT. 1501PUBLIC LAW 106–113—NOV. 29, 1999
Public Law 106–113 106th Congress
An Act Making 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 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 resi- dent’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 fur- ther, 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
District of Columbia Appropriations Act, 1999.
Nov. 29, 1999 [H.R. 3194]
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1502 PUBLIC LAW 106–113—NOV. 29, 1999
in accordance with a program established by the Mayor and the Council of the District of Columbia and approved by the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That funds provided under this heading may be used to cover the costs to the District of Columbia of providing tax credits to offset the costs incurred by individuals in adopting children in the District of Columbia foster care system and in providing for the health care needs of such children, in accordance with legislation enacted by the District of Columbia government.
FEDERAL PAYMENT TO THE CITIZEN COMPLAINT REVIEW BOARD
For a Federal payment to the District of Columbia for adminis- trative 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 Correc- tions 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 agen- cies: 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 court- house facilities: Provided, That of the amounts available for oper- ations of the District of Columbia Courts, not to exceed $2,500,000 shall be for the design of an Integrated Justice Information System and that such funds shall be used in accordance with a plan and design developed by the courts and approved by the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly
Reports.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1503PUBLIC LAW 106–113—NOV. 29, 1999
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 prepara- tion of monthly financial reports, copies of which shall be submitted directly by GSA to the President and to the Committees on Appro- priations of the Senate and House of Representatives, the Com- mittee 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 court- house 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 law- fully incurred for such payments during fiscal year 1999 exceeds the obligational authority otherwise available for making such pay- ments: Provided further, That such funds shall be administered by the Joint Committee on Judicial Administration in the District of Columbia: Provided further, That notwithstanding any other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies, with payroll and financial services to be provided on a contractual basis with the General Services Administration (GSA), said services to include the preparation of monthly financial reports, copies of which shall be submitted directly by GSA to the President and to the Committees on Appro- priations of the Senate and House of Representatives, the Com- mittee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives.
Reports.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1504 PUBLIC LAW 106–113—NOV. 29, 1999
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA
For salaries and expenses of the Court Services and Offender Supervision Agency for the District of Columbia, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, (Public Law 105–33; 111 Stat. 712), $93,800,000, of which $58,600,000 shall be for necessary expenses of Parole Revocation, Adult Probation, Offender Supervision, and Sex Offender Registration, to include expenses relating to super- vision 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 appro- priated 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 associ- ated with establishing community pediatric health clinics for high risk children in medically underserved areas of the District of Columbia.
FEDERAL PAYMENT FOR METROPOLITAN POLICE DEPARTMENT
For payment to the Metropolitan Police Department, $1,000,000, for a program to eliminate open air drug trafficking in the District of Columbia: Provided, That the Chief of Police shall provide quarterly reports to the Committees on Appropriations of the Senate and House of Representatives by the 15th calendar day after the end of each quarter beginning December 31, 1999, on the status of the project financed under this heading.
FEDERAL PAYMENT TO THE GENERAL SERVICES ADMINISTRATION
For a Federal payment to the Administrator of General Services for activities carried out as a result of the transfer of the property on which the Lorton Correctional Complex is located to the General Services Administration, $6,700,000, to remain available until expended.
Reports. Deadline.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1505PUBLIC LAW 106–113—NOV. 29, 1999
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 State- hood 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 Improve- ment 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 Improve- ment 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00005 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1506 PUBLIC LAW 106–113—NOV. 29, 1999
not to exceed 25 passenger-carrying vehicles and the Department of Fire and Emergency Medical Services of the District of Columbia is authorized to replace not to exceed five passenger-carrying vehicles annually whenever the cost of repair to any damaged vehicle exceeds three-fourths of the cost of the replacement: Pro- vided further, That not to exceed $500,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime: Provided further, That the Metropolitan Police Department shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on efforts to increase efficiency and improve the professionalism in the department: Provided further, That notwithstanding any other provision of law, or Mayor’s Order 86–45, issued March 18, 1986, the Metropolitan Police Department’s delegated small pur- chase authority shall be $500,000: Provided further, That the Dis- trict 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 deter- mined 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 nec- essary for reimbursement to the District of Columbia National Guard under the preceding proviso shall be available from this appropriation, and the availability of the sums shall be deemed as constituting payment in advance for emergency services involved: Provided further, That the Metropolitan Police Department is authorized to maintain 3,800 sworn officers, with leave for a 50 officer attrition: Provided further, That no more than 15 members of the Metropolitan Police Department shall be detailed or assigned to the Executive Protection Unit, until the Chief of Police submits a recommendation to the Council for its review: Provided further, That $100,000 shall be available for inmates released on medical and geriatric parole: Provided further, That commencing on December 31, 1999, the Metropolitan Police Department shall pro- vide 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 reduc- tion 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
Reports.
Reports.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00006 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1507PUBLIC LAW 106–113—NOV. 29, 1999
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 appro- priation 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 attend- ance, 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 For- mula 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00007 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1508 PUBLIC LAW 106–113—NOV. 29, 1999
and Charter schools has been completed, and that this amount shall be apportioned between the Public and Charter schools based on their respective student population count: Provided further, That the District of Columbia Public Schools may spend $500,000 to engage in a Schools Without Violence program based on a model developed by the University of North Carolina, located in Greens- boro, 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 emer- gency 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00008 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1509PUBLIC LAW 106–113—NOV. 29, 1999
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 Manage- ment 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 indi- vidual 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 Serv- ices 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00009 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1510 PUBLIC LAW 106–113—NOV. 29, 1999
PRODUCTIVITY BANK
The Chief Financial Officer of the District of Columbia, under the direction of the Mayor and the District of Columbia Financial Responsibility and Management Assistance Authority, shall finance projects totaling $20,000,000 in local funds that result in cost savings or additional revenues, by an amount equal to such financing: Provided, That the Mayor shall provide quarterly reports to the Committees on Appropriations of the House of Representa- tives and the Senate by the 15th calendar day after the end of each quarter beginning December 31, 1999, on the status of the projects financed under this heading.
PRODUCTIVITY BANK SAVINGS
The Chief Financial Officer of the District of Columbia, under the direction of the Mayor and the District of Columbia Financial Responsibility and Management Assistance Authority, shall make reductions totaling $20,000,000 in local funds. The reductions are to be allocated to projects funded through the Productivity Bank that produce aggregate cost savings or additional revenues in an amount equal to the Productivity Bank financing: Provided, That the Mayor shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate by the 15th calendar day after the end of each quarter beginning December 31, 1999, on the status of the cost savings or additional revenues funded under this heading.
PROCUREMENT AND MANAGEMENT SAVINGS
The Chief Financial Officer of the District of Columbia, under the direction of the Mayor and the District of Columbia Financial Responsibility and Management Assistance Authority, shall make reductions of $14,457,000 for general supply schedule savings and $7,000,000 for management reform savings, in local funds to one or more of the appropriation headings in this Act: Provided, That the Mayor shall provide quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate by the 15th calendar day after the end of each quarter beginning December 31, 1999, on the status of the general supply schedule savings and management reform savings projected under this heading.
ENTERPRISE AND OTHER FUNDS
WATER AND SEWER AUTHORITY AND THE WASHINGTON AQUEDUCT
For operation of the Water and Sewer Authority and the Wash- ington 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 appor- tioned 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 assess- ments therefor, and for other purposes’’ (33 Stat. 244; Public Law
Reports.
Reports. Deadline.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00010 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1511PUBLIC LAW 106–113—NOV. 29, 1999
58–140; D.C. Code, sec. 43–1512 et seq.): Provided, That the require- ments 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, estab- lished 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 Chari- table 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 Fed- eral sources shall be used to support the operations or activities of the Lottery and Charitable Games Control Board.
SPORTS AND ENTERTAINMENT COMMISSION
For the Sports and Entertainment Commission, $10,846,000 from other funds for expenses incurred by the Armory Board in the exercise of its powers granted by the Act entitled ‘‘An Act To Establish A District of Columbia Armory Board, and for other purposes’’ (62 Stat. 339; D.C. Code, sec. 2–301 et seq.) and the District of Columbia Stadium Act of 1957 (71 Stat. 619; Public Law 85–300; D.C. Code, sec. 2–321 et seq.): Provided, That the Mayor shall submit a budget for the Armory Board for the forth- coming 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 Ben- efit Corporation, established by D.C. Law 11–212; D.C. Code, sec. 32–262.2, $133,443,000 of which $44,435,000 shall be derived by transfer from the general fund and $89,008,000 from other funds.
DISTRICT OF COLUMBIA RETIREMENT BOARD
For the District of Columbia Retirement Board, established by section 121 of the District of Columbia Retirement Reform Act of 1979 (93 Stat. 866; D.C. Code, sec. 1–711), $9,892,000 from the earnings of the applicable retirement funds to pay legal, management, investment, and other fees and administrative expenses of the District of Columbia Retirement Board: Provided, That the District of Columbia Retirement Board shall provide to the Congress and to the Council of the District of Columbia a quarterly report of the allocations of charges by fund and of expendi- tures of all funds: Provided further, That the District of Columbia Retirement Board shall provide the Mayor, for transmittal to the Council of the District of Columbia, an itemized accounting of the planned use of appropriated funds in time for each annual
Records.
Reports.
Budget.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00011 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1512 PUBLIC LAW 106–113—NOV. 29, 1999
budget submission and the actual use of such funds in time for each annual audited financial report: Provided further, That section 121(c)(1) of the District of Columbia Retirement Reform Act (D.C. Code, sec. 1–711(c)(1)) is amended by striking ‘‘the total amount to which a member may be entitled’’ and all that follows and inserting the following: ‘‘the total amount to which a member may be entitled under this subsection during a year (beginning with 1998) may not exceed $5,000, except that in the case of the Chair- man 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 Dis- trict 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 con- trolled 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 fur- ther, That notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968 (82 Stat. 827; Public Law 90–495; D.C. Code, sec. 7–134, note), for which funds are provided by this appropriation title, shall expire on September 30, 2001, except authorizations for projects as to which funds have been obligated in whole or in part prior to September 30, 2001: Provided further, That upon expiration of any such project authorization, the funds provided herein for the project shall lapse.
GENERAL PROVISIONS
SEC. 101. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursu- ant 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.
Contracts.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00012 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1513PUBLIC LAW 106–113—NOV. 29, 1999
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 auto- mobiles 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 modi- fying 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 require- ment 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 institu- tions, the compensation of personnel, or for other educational pur- poses may be used to permit, encourage, facilitate, or further par- tisan 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 Sub- committee on the District of Columbia of the House Committee on Government Reform, the Subcommittee on Oversight of Govern- ment Management, Restructuring and the District of Columbia
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00013 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1514 PUBLIC LAW 106–113—NOV. 29, 1999
of the Senate Committee on Governmental Affairs, and the Council of the District of Columbia, or their duly authorized representative.
SEC. 111. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making payments authorized by the District of Columbia Revenue Recovery Act of 1977 (D.C. Law 2–20; D.C. Code, sec. 47–421 et seq.).
SEC. 112. No part of this appropriation shall be used for pub- licity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature.
SEC. 113. At the start of the fiscal year, the Mayor shall develop an annual plan, by quarter and by project, for capital outlay borrowings: Provided, That within a reasonable time after the close of each quarter, the Mayor shall report to the Council of the District of Columbia and the Congress the actual borrowings and spending progress compared with projections.
SEC. 114. The Mayor shall not borrow any funds for capital projects unless the Mayor has obtained prior approval from the Council of the District of Columbia, by resolution, identifying the projects and amounts to be financed with such borrowings.
SEC. 115. The Mayor shall not expend any moneys borrowed for capital projects for the operating expenses of the District of Columbia government.
SEC. 116. None of the funds provided under this Act to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in fiscal year 2000, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for an agency through a reprogramming of funds which: (1) creates new programs; (2) eliminates a program, project, or responsibility center; (3) establishes or changes allocations specifically denied, limited or increased by Congress in this Act; (4) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted; (5) reestablishes through reprogramming any program or project previously deferred through reprogramming; (6) augments existing programs, projects, or responsibility centers through a re- programming of funds in excess of $1,000,000 or 10 percent, which- ever is less; or (7) increases by 20 percent or more personnel assigned to a specific program, project, or responsibility center; unless the Appropriations Committees of both the Senate and House of Representatives are notified in writing 30 days in advance of any reprogramming as set forth in this section.
SEC. 117. None of the Federal funds provided in this Act shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of the District of Columbia government.
SEC. 118. None of the Federal funds provided in this Act shall be obligated or expended to procure passenger automobiles as defined in the Automobile Fuel Efficiency Act of 1980 (94 Stat. 1824; Public Law 96–425; 15 U.S.C. 2001(2)), with an Environ- mental 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.
Notification.
Reports.
Lobbying.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00014 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1515PUBLIC LAW 106–113—NOV. 29, 1999
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 Com- prehensive 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 compensa- tion of District of Columbia employees: Provided, That for pay purposes, employees of the District of Columbia government shall not be subject to the provisions of title 5, United States Code.
SEC. 121. No later than 30 days after the end of the first quarter of the fiscal year ending September 30, 2000, the Mayor of the District of Columbia shall submit to the Council of the District of Columbia the new fiscal year 2000 revenue estimates as of the end of the first quarter of fiscal year 2000. These estimates shall be used in the budget request for the fiscal year ending September 30, 2001. The officially revised estimates at midyear shall be used for the midyear report.
SEC. 122. No sole source contract with the District of Columbia government or any agency thereof may be renewed or extended without opening that contract to the competitive bidding process as set forth in section 303 of the District of Columbia Procurement Practices Act of 1985 (D.C. Law 6–85; D.C. Code, sec. 1–1183.3), except that the District of Columbia government or any agency thereof may renew or extend sole source contracts for which com- petition is not feasible or practical: Provided, That the determina- tion as to whether to invoke the competitive bidding process has been made in accordance with duly promulgated rules and proce- dures and said determination has been reviewed and approved by the District of Columbia Financial Responsibility and Manage- ment 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 appro- priated to the District of Columbia for the fiscal year involved
Deadline.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00015 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1516 PUBLIC LAW 106–113—NOV. 29, 1999
have been paid to the District of Columbia, the Mayor of the District of Columbia shall pay to the Secretary of the Treasury, within 15 days after receipt of a request therefor from the Secretary of the Treasury, such amounts as are sequestered by the order: Provided, That the sequestration percentage specified in the order shall be applied proportionately to each of the Federal appropriation accounts in this Act that are not specifically exempted from seques- tration by such Act.
SEC. 125. (a) An entity of the District of Columbia government may accept and use a gift or donation during fiscal year 2000 if—
(1) the Mayor approves the acceptance and use of the gift or donation: Provided, That the Council of the District of Columbia may accept and use gifts without prior approval by the Mayor; and
(2) the entity uses the gift or donation to carry out its authorized functions or duties. (b) Each entity of the District of Columbia government shall
keep accurate and detailed records of the acceptance and use of any gift or donation under subsection (a) of this section, and shall make such records available for audit and public inspection.
(c) For the purposes of this section, the term ‘‘entity of the District of Columbia government’’ includes an independent agency of the District of Columbia.
(d) This section shall not apply to the District of Columbia Board of Education, which may, pursuant to the laws and regula- tions of the District of Columbia, accept and use gifts to the public schools without prior approval by the Mayor.
SEC. 126. None of the Federal funds provided in this Act may be used by the District of Columbia to provide for salaries, expenses, or other costs associated with the offices of United States Senator or United States Representative under section 4(d) of the District of Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3–171; D.C. Code, sec. 1–113(d)).
SEC. 127. (a) The University of the District of Columbia shall submit to the Mayor, the District of Columbia Financial Responsi- bility 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 expendi- ture 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,
Deadline. Reports.
Records.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00016 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1517PUBLIC LAW 106–113—NOV. 29, 1999
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, dis- playing 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 rec- ommendations 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 max- imum may be approved for extended or complex representation in accordance with section 11–2604(c), District of Columbia Code. (b) Notwithstanding the preceding subsection, if the Mayor,
District of Columbia Financial Responsibility and Management Assistance Authority and the Superintendent of the District of Columbia Public Schools concur in a Memorandum of Under- standing setting forth a new rate and amount of compensation, then such new rates shall apply in lieu of the rates set forth in the preceding subsection.
SEC. 130. None of the funds appropriated under this Act shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest.
SEC. 131. None of the funds made available in this Act may be used to implement or enforce the Health Care Benefits Expansion Act of 1992 (D.C. Law 9–114; D.C. Code, sec. 36–1401 et seq.) or to otherwise implement or enforce any system of registration of unmarried, cohabiting couples (whether homosexual, hetero- sexual, or lesbian), including but not limited to registration for the purpose of extending employment, health, or governmental
Domestic partners.
Abortion.
Memorandums.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00017 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1518 PUBLIC LAW 106–113—NOV. 29, 1999
benefits to such couples on the same basis that such benefits are extended to legally married couples.
SEC. 132. The Superintendent of the District of Columbia Public Schools shall submit to the Congress, the Mayor, the District of Columbia Financial Responsibility and Management Assistance Authority, and the Council of the District of Columbia no later than 15 calendar days after the end of each quarter a report that sets forth—
(1) current quarter expenditures and obligations, year-to- date expenditures and obligations, and total fiscal year expendi- ture 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 Dis- trict of Columbia Public Schools; payments made in the last quarter and year-to-date, the total amount of the contract and total payments made for the contract and any modifications, extensions, renewals; and specific modifications made to each contract in the last month;
(4) all reprogramming requests and reports that are required to be, and have been, submitted to the Board of Education; and
(5) changes made in the last quarter to the organizational structure of the District of Columbia Public Schools, displaying previous and current control centers and responsibility centers, the names of the organizational entities that have been changed, the name of the staff member supervising each entity affected, and the reasons for the structural change. SEC. 133. (a) IN GENERAL.—The Superintendent of the District
of Columbia Public Schools and the University of the District of Columbia shall annually compile an accurate and verifiable report on the positions and employees in the public school system and the university, respectively. The annual report shall set forth—
(1) the number of validated schedule A positions in the District of Columbia public schools and the University of the District of Columbia for fiscal year 1999, fiscal year 2000, and thereafter on full-time equivalent basis, including a com- pilation 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.
Reports.
Deadline. Reports.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00018 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1519PUBLIC LAW 106–113—NOV. 29, 1999
(b) SUBMISSION.—The annual report required by subsection (a) of this section shall be submitted to the Congress, the Mayor, the District of Columbia Council, the Consensus Commission, and the Authority, not later than February 15 of each year.
SEC. 134. (a) No later than November 1, 1999, or within 30 calendar days after the date of the enactment of this Act, whichever occurs later, and each succeeding year, the Superintendent of the District of Columbia Public Schools and the University of the Dis- trict of Columbia shall submit to the appropriate congressional committees, the Mayor, the District of Columbia Council, the Con- sensus Commission, and the District of Columbia Financial Respon- sibility and Management Assistance Authority, a revised appro- priated 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 expendi- tures.
(b) The revised budget required by subsection (a) of this section shall be submitted in the format of the budget that the Super- intendent of the District of Columbia Public Schools and the Univer- sity 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
Deadline. Budget.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00019 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1520 PUBLIC LAW 106–113—NOV. 29, 1999
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 Dis- trict 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 oper- ating 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 Assist- ance Act of 1995 (Public Law 104–8; 109 Stat. 152), may accept, obligate, and expend Federal, private, and other grants received by the District government that are not reflected in the amounts appropriated in this Act.
(2) REQUIREMENT OF CHIEF FINANCIAL OFFICER REPORT AND AUTHORITY APPROVAL.—No such Federal, private, or other grant may be accepted, obligated, or expended pursuant to paragraph (1) until—
(A) the Chief Financial Officer of the District of Columbia submits to the Authority a report setting forth detailed information regarding such grant; and
(B) the Authority has reviewed and approved the acceptance, obligation, and expenditure of such grant in accordance with review and approval procedures consistent with the provisions of the District of Columbia Financial Responsibility and Management Assistance Act of 1995. (3) PROHIBITION ON SPENDING IN ANTICIPATION OF APPROVAL
OR RECEIPT.—No amount may be obligated or expended from the general fund or other funds of the District government in anticipation of the approval or receipt of a grant under paragraph (2)(B) of this subsection or in anticipation of the approval or receipt of a Federal, private, or other grant not subject to such paragraph.
(4) QUARTERLY REPORTS.—The Chief Financial Officer of the District of Columbia shall prepare a quarterly report setting forth detailed information regarding all Federal, private, and other grants subject to this subsection. Each such report shall be submitted to the Council of the District of Columbia, and to the Committees on Appropriations of the House of Represent- atives and the Senate, not later than 15 days after the end of the quarter covered by the report. (c) REPORT ON EXPENDITURES BY FINANCIAL RESPONSIBILITY
AND MANAGEMENT ASSISTANCE AUTHORITY.—Not later than 20 cal- endar 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 Com- mittee on Governmental Affairs of the Senate providing an itemized
Deadline.
Deadline.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00020 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1521PUBLIC LAW 106–113—NOV. 29, 1999
accounting of all non-appropriated funds obligated or expended by the Authority for the quarter. The report shall include informa- tion on the date, amount, purpose, and vendor name, and a descrip- tion of the services or goods provided with respect to the expendi- tures 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 mainte- nance 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 rec- ommendations. 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 competi- tive 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 Depart- ment; (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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00021 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1522 PUBLIC LAW 106–113—NOV. 29, 1999
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 serv- ices) 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 sub- section (b), by striking ‘‘1999’’ and inserting ‘‘2000’’; in subsection (i), by striking ‘‘1999’’ and inserting ‘‘2000’’; and in subsection (k), by striking ‘‘1999’’ and inserting ‘‘2000’’.
SEC. 141. Notwithstanding any other provision of law, not later than 120 days after the date that a District of Columbia Public Schools (DCPS) student is referred for evaluation or assessment—
(1) the District of Columbia Board of Education, or its successor, and DCPS shall assess or evaluate a student who may have a disability and who may require special education services; and
(2) if a student is classified as having a disability, as defined in section 101(a)(1) of the Individuals with Disabilities Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1)) or in section 7(8) of the Rehabilitation Act of 1973 (87 Stat. 359; 29 U.S.C. 706(8)), the Board and DCPS shall place that student in an appropriate program of special education services. SEC. 142. (a) COMPLIANCE WITH BUY AMERICAN ACT.—None
of the funds made available in this Act may be expended by an entity unless the entity agrees that in expending the funds the entity will comply with the Buy American Act (41 U.S.C. 10a– 10c).
(b) SENSE OF THE CONGRESS; REQUIREMENT REGARDING NOTICE.—
(1) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PROD- UCTS.—In the case of any equipment or product that may be authorized to be purchased with financial assistance pro- vided 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
Deadline.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00022 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1523PUBLIC LAW 106–113—NOV. 29, 1999
determined by a court or Federal agency that any person inten- tionally 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 Regula- tions.
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 Finan- cial 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 docu- ment 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 func- tions 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-nego- tiable 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 classifica- tion instrument, to the Northeast Ohio Correctional Center located in Youngstown, Ohio.
SEC. 148. (a) Section 202(i) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995 (Public Law 104–8), as added by section 155 of the District of Columbia Appropriations Act, 1999, is amended to read as follows:
‘‘( j) RESERVE.— ‘‘(1) IN GENERAL.—Beginning with fiscal year 2000, the
plan or budget submitted pursuant to this Act shall contain $150,000,000 for a reserve to be established by the Mayor, Council of the District of Columbia, Chief Financial Officer for the District of Columbia, and the District of Columbia Financial Responsibility and Management Assistance Authority.
‘‘(2) CONDITIONS ON USE.—The reserve funds—
Effective date.
112 Stat. 2681– 146.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00023 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1524 PUBLIC LAW 106–113—NOV. 29, 1999
‘‘(A) shall only be expended according to criteria estab- lished by the Chief Financial Officer and approved by the Mayor, Council of the District of Columbia, and District of Columbia Financial Responsibility and Management Assistance Authority, but, in no case may any of the reserve funds be expended until any other surplus funds have been used;
‘‘(B) shall not be used to fund the agencies of the District of Columbia government under court ordered receivership; and
‘‘(C) shall not be used to fund shortfalls in the projected reductions budgeted in the budget proposed by the District of Columbia government for general supply schedule savings and management reform savings. ‘‘(3) REPORT REQUIREMENT.—The Authority shall notify the
Appropriations Committees of both the Senate and House of Representatives in writing 30 days in advance of any expendi- ture 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 author- ized non-recurring expenses; and
‘‘(B) not less than 50 percent shall be used to reduce the debt of the District of Columbia.’’.
SEC. 149. (a) No later than November 1, 1999, or within 30 calendar days after the date of the enactment of this Act, whichever occurs later, the Chief Financial Officer of the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the District of Columbia Financial Responsibility and Manage- ment Assistance Authority a revised appropriated funds operating budget for all agencies of the District of Columbia government for such fiscal year that is in the total amount of the approved appropriation and that realigns budgeted data for personal services and other-than-personal-services, respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this section shall be submitted in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (Public Law 93–198; D.C. Code, sec. 47–301).
SEC. 150. (a) None of the funds contained in this Act may be used for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.
(b) Any individual or entity who receives any funds contained in this Act and who carries out any program described in subsection (a) shall account for all funds used for such program separately from any funds contained in this Act.
SEC. 151. (a) RESTRICTIONS ON LEASES.—Upon the expiration of the 60-day period that begins on the date of the enactment
Needle exchange.
Deadline. Budget.
Notification.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00024 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1525PUBLIC LAW 106–113—NOV. 29, 1999
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 Represent- atives 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 para-
graph (1) shall be submitted for each calendar quarter (begin- ning 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00025 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1526 PUBLIC LAW 106–113—NOV. 29, 1999
of the District of Columbia (including any independent agency of the District) unless the following conditions are met:
(1) The Mayor and Council of the District of Columbia certify to the Committees on Appropriations of the House of Representatives and Senate that existing real property avail- able to the District (whether leased or owned by the District government) is not suitable for the purposes intended.
(2) Notwithstanding any other provisions of law, there is made available for sale or lease all real property of the District of Columbia that the Mayor from time-to-time determines is surplus to the needs of the District of Columbia, unless a majority of the members of the Council override the Mayor’s determination during the 30-day period which begins on the date the determination is published.
(3) The Mayor and Council implement a program for the periodic survey of all District property to determine if it is surplus to the needs of the District.
(4) The Mayor and Council within 60 days of the date of the enactment of this Act have filed with the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform and Oversight of the House of Representatives, and the Committee on Governmental Affairs of the Senate a report which provides a comprehensive plan for the management of District of Columbia real property assets, and are proceeding with the implementation of the plan. (b) TERMINATION OF PROVISIONS.—If the District of Columbia
enacts legislation to reform the practices and procedures governing the entering into of leases for the use of real property by the District of Columbia government and the disposition of surplus real property of the District government, the provisions of sub- section (a) shall cease to be effective upon the effective date of the legislation.
SEC. 153. Section 603(e)(2)(B) of the Student Loan Marketing Association Reorganization Act of 1996 (Public Law 104–208; 110 Stat. 3009–293) is amended—
(1) by inserting ‘‘and public charter’’ after ‘‘public’’; and (2) by adding at the end the following: ‘‘Of such amounts
and proceeds, $5,000,000 shall be set aside for use as a credit enhancement fund for public charter schools in the District of Columbia, with the administration of the fund (including the making of loans) to be carried out by the Mayor through a committee consisting of three individuals appointed by the Mayor of the District of Columbia and two individuals appointed by the Public Charter School Board established under section 2214 of the District of Columbia School Reform Act of 1995.’’. SEC. 154. The Mayor, District of Columbia Financial Responsi-
bility and Management Assistance Authority, and the Super- intendent 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–
Deadline.
Deadline. Reports.
Certification.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00026 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1527PUBLIC LAW 106–113—NOV. 29, 1999
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 Manage- ment 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 sub- section (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 Dis- trict of Columbia, $5,000,000.
SEC. 160. (a) PROHIBITING PAYMENT OF ADMINISTRATIVE COSTS FROM FUND.—Section 16(e) of the Victims of Violent Crime Com- pensation Act of 1996 (D.C. Code, sec. 3–435(e)) is amended—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00027 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1528 PUBLIC LAW 106–113—NOV. 29, 1999
(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 MIS- CELLANEOUS 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 sub- section:
‘‘(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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00028 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1529PUBLIC LAW 106–113—NOV. 29, 1999
the types of activities covered in the category and a detailed break- down 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 Regula- tions 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 para- graph (1) shall be derived from the escrow account held by the District of Columbia Financial Responsibility and Manage- ment 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 Rep- resentatives 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 com- pleted.
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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00029 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1530 PUBLIC LAW 106–113—NOV. 29, 1999
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 REGISTRA- TION.—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 para- graph:
‘‘(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.—Notwith- standing section 11232(b)(1) of the National Capital Revitaliza- tion and Self-Government Improvement Act of 1997 (D.C. Code, sec. 24–1232(b)(1)), the Pretrial Services, Parole, Adult Proba- tion and Offender Supervision Trustee appointed under section 11232(a) of such Act (hereafter referred to as the ‘‘Trustee’’) shall, in accordance with section 11232 of such Act, exercise the powers and functions of the Court Services and Offender Supervision Agency for the District of Columbia (hereafter referred to as the ‘‘Agency’’) relating to sex offender registration (as granted to the Agency under any District of Columbia law) only upon the Trustee’s certification that the Trustee is able to assume such powers and functions.
(2) AUTHORITY OF METROPOLITAN POLICE DEPARTMENT.— During the period that begins on the date of the enactment of the Sex Offender Registration Emergency Act of 1999 and ends on the date the Trustee makes the certification described in paragraph (1), the Metropolitan Police Department of the District of Columbia shall have the authority to carry out any powers and functions relating to sex offender registration that are granted to the Agency or to the Trustee under any District of Columbia law. SEC. 167. (a) None of the funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols deriva- tive.
(b) The Legalization of Marijuana for Medical Treatment Initia- tive of 1998, also known as Initiative 59, approved by the electors of the District of Columbia on November 3, 1998, shall not take effect.
Marijuana.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00030 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1531PUBLIC LAW 106–113—NOV. 29, 1999
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: Pro- vided, 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 sub- section (a) shall be derived from interest earned on accounts held by the Authority on behalf of the District of Columbia.
(c) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Mayor shall report to the Committees on Appropriations of the Senate and House of Representatives on the progress made in carrying out the commercial revitalization program.
SEC. 169. Section 456 of the District of Columbia Home Rule Act (section 47–231 et seq. of the D.C. Code, as added by the Federal Payment Reauthorization Act of 1994 (Public Law 103– 373)) is amended—
(1) in subsection (a)(1), by striking ‘‘District of Columbia Financial Responsibility and Management Assistance Authority’’ and inserting ‘‘Mayor’’; and
(2) in subsection (b)(1), by striking ‘‘Authority’’ and inserting ‘‘Mayor’’. SEC. 170. (a) FINDINGS.—The Congress finds the following:
(1) The District of Columbia has recently witnessed a spate of senseless killings of innocent citizens caught in the crossfire of shootings. A Justice Department crime victimization survey found that while the city saw a decline in the homicide rate between 1996 and 1997, the rate was the highest among a dozen cities and more than double the second highest city.
(2) The District of Columbia has not made adequate funding available to fight drug abuse in recent years, and the city has not deployed its resources as effectively as possible. In fiscal year 1998, $20,900,000 was spent on publicly funded drug treatment in the District compared to $29,000,000 in fiscal year 1993. The District’s Addiction and Prevention and Recovery Agency currently has only 2,200 treatment slots, a 50 percent drop from 1994, with more than 1,100 people on waiting lists.
(3) The District of Columbia has seen a rash of inmate escapes from halfway houses. According to Department of Corrections records, between October 21, 1998 and January 19, 1999, 376 of the 1,125 inmates assigned to halfway houses walked away. Nearly 280 of the 376 escapees were awaiting trial including two charged with murder.
(4) The District of Columbia public schools system faces serious challenges in correcting chronic problems, particularly long-standing deficiencies in providing special education serv- ices 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.
Deadline.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00031 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1532 PUBLIC LAW 106–113—NOV. 29, 1999
(5) Deficiencies in the delivery of basic public services from cleaning streets to waiting time at Department of Motor Vehicles to a rat population estimated earlier this year to exceed the human population have generated considerable public frustration.
(6) Last year, the District of Columbia forfeited millions of dollars in Federal grants after Federal auditors determined that several agencies exceeded grant restrictions and in other instances, failed to spend funds before the grants expired.
(7) Findings of a 1999 report by the Annie E. Casey Founda- tion 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 resi- dents to reduce the number of escapes.
(4) Education, including access to special education services and student achievement.
(5) Improvement in basic city services, including rat control and abatement.
(6) Application for and management of Federal grants. (7) Indicators of child well-being.
SEC. 171. The Mayor, prior to using Federal Medicaid payments to Disproportionate Share Hospitals to serve a small number of childless adults, should consider the recommendations of the Health Care Development Commission that has been appointed by the Council of the District of Columbia to review this program, and consult and report to Congress on the use of these funds.
SEC. 172. GAO STUDY OF DISTRICT OF COLUMBIA CRIMINAL JUSTICE SYSTEM. Not later than 1 year after the date of the enact- ment of this Act, the Comptroller General of the United States shall—
(1) conduct a study of the law enforcement, court, prison, probation, parole, and other components of the criminal justice system of the District of Columbia, in order to identify the components most in need of additional resources, including financial, personnel, and management resources; and
(2) submit to Congress a report on the results of the study under paragraph (1). SEC. 173. Nothing in this Act bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.
Reports.
Deadline.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00032 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1533PUBLIC LAW 106–113—NOV. 29, 1999
SEC. 174. WIRELESS COMMUNICATIONS.—(a) IN GENERAL.—Not later than 7 days after the date of the enactment of this Act, the Secretary of the Interior, acting through the Director of the National Park Service, shall—
(1) implement the notice of decision approved by the National Capital Regional Director, dated April 7, 1999, including the provisions of the notice of decision concerning the issuance of right-of-way permits at market rates; and
(2) expend such sums as are necessary to carry out para- graph (1). (b) ANTENNA APPLICATIONS.—
(1) IN GENERAL.—Not later than 120 days after the receipt of an application, a Federal agency that receives an application submitted after the enactment of this Act to locate a wireless communications antenna on Federal property in the District of Columbia or surrounding area over which the Federal agency exercises control shall take final action on the application, including action on the issuance of right-of-way permits at market rates.
(2) EXISTING LAW.—Nothing in this subsection shall be construed to affect the applicability of existing laws regarding—
(A) judicial review under chapter 7 of title 5, United States Code (the Administrative Procedure Act), and the Communications Act of 1934;
(B) the National Environmental Policy Act, the National Historic Preservation Act and other applicable Federal statutes; and
(C) the authority of a State or local government or instrumentality thereof, including the District of Columbia, in the placement, construction, and modification of personal wireless service facilities.
SEC. 175. (a)(1) The first paragraph under the heading ‘‘Commu- nity Development Block Grants’’ in title II of H.R. 2684 (Public Law 106–74) is amended by inserting after ‘‘National American Indian Housing Council,’’ the following: ‘‘$4,000,000 shall be avail- able 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 Develop- ment Initiative (EDI)’’ under the heading ‘‘Community Development Block Grants’’ in title II of H.R. 2684 (Public Law 106–74) is amended by striking ‘‘$240,000,000’’ and inserting ‘‘$243,500,000’’.
(b) The statement of the managers of the committee of con- ference 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;
Ante, p. 1062.
Ante, p. 1061.
Deadline.
Deadline.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00033 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1534 PUBLIC LAW 106–113—NOV. 29, 1999
‘‘—$1,000,000 for the University of Syracuse in Syracuse, New York for electrical infrastructure improvements.’’; and the current descriptions are amended as follows:
‘‘—$1,700,000 to the City of Miami, Florida for the develop- ment 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 eco- nomic 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 Associa- tion 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 Associa- tion for a smoke-maze building and other facilities and improve- ments 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 Develop- ment 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 adminis- trative provisions in title II of H.R. 2684 (Public Law 106–74):
‘‘FHA MULTIFAMILY MORTGAGE CREDIT DEMONSTRATION
‘‘SEC. 226. Section 542 of the Housing and Community Develop- ment Act of 1992 is amended—
‘‘(1) in subsection (b)(5) by striking ‘during fiscal year 1999’ and inserting ‘in each of the fiscal years 1999 and 2000’; and
‘‘(2) in the first sentence of subsection (c)(4) by striking ‘during fiscal year 1999’ and inserting ‘in each of fiscal years 1999 and 2000’.
‘‘DRUG ELIMINATION PROGRAM
‘‘SEC. 227. (a) Section 5126(4) of the Public and Assisted Housing Drug Elimination Act of 1990 is amended—
‘‘(1) in subparagraph (B), by inserting after ‘1965;’ the following: ‘or’;
‘‘(2) in subparagraph (C), by striking ‘1937: or’ and inserting ‘1937.’; and
‘‘(3) by striking subparagraph (D). ‘‘(b) The amendments made by subsection (a) shall be construed
to have taken effect on October 21, 1998.’’. (e) The current description in the statement of the managers
of the committee of conference accompanying H.R. 2684 (Public Law 106–74; House Report No. 106–379) under the heading ‘‘Community Development Block Grants’’ in title II is amended as follows:
Effective date.
Ante, p. 1077.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00034 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1535PUBLIC LAW 106–113—NOV. 29, 1999
‘‘—$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 ‘‘Corpora- tion for National and Community Service, National and Community Service Programs Operating Expenses’’ in title III by striking ‘‘to remain available until September 30, 2000’’ and inserting ‘‘to remain available until September 30, 2001’’.
(g) The statement of the managers of the committee of con- ference 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 GEN-
ERAL.—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 Water- front 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 Appropria- tions Act, 2000’’.
TITLE II—TAX REDUCTION
SEC. 201. COMMENDING REDUCTION OF TAXES BY DISTRICT OF COLUMBIA. The Congress commends the District of Columbia for its action to reduce taxes, and ratifies D.C. Act 13–110 (commonly known as the Service Improvement and Fiscal Year 2000 Budget Support Act of 1999).
SEC. 202. RULE OF CONSTRUCTION. Nothing in this title may be construed to limit the ability of the Council of the District of Columbia to amend or repeal any provision of law described in this title.
DIVISION B
SEC. 1000. (a) The provisions of the following bills are hereby enacted into law:
(1) H.R. 3421 of the 106th Congress, as introduced on November 17, 1999;
(2) H.R. 3422 of the 106th Congress, as introduced on November 17, 1999;
(3) H.R. 3423 of the 106th Congress, as introduced on November 17, 1999;
(4) H.R. 3424 of the 106th Congress, as introduced on November 17, 1999;
Incorporation by reference.
Ante, p. 1078.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00035 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1536 PUBLIC LAW 106–113—NOV. 29, 1999
(5) H.R. 3425 of the 106th Congress, as introduced on November 17, 1999;
(6) H.R. 3426 of the 106th Congress, as introduced on November 17, 1999;
(7) H.R. 3427 of the 106th Congress, as introduced on November 17, 1999, except that subsection (c) of section 912 of H.R. 3427 shall be deemed to read as follows: ‘‘(c) ADVANCE CONGRESSIONAL NOTIFICATION.—
‘‘(1) FISCAL YEAR 1998.—Funds made available pursuant to section 911(a)(1) may be obligated and expended beginning on or after December 15, 1999: Provided, That the appropriate certification has been submitted to the appropriate congres- sional committees.
‘‘(2) FISCAL YEARS 1999 AND 2000.—Funds made available pursuant to paragraph (2) or (3) of section 911(a) may be obligated and expended only if the appropriate certification has been submitted to the appropriate congressional committees 30 days prior to the payment of the funds.’’;
(8) H.R. 3428 of the 106th Congress, as introduced on November 17, 1999; and
(9) S. 1948 of the 106th Congress, as introduced on November 17, 1999. (b) In publishing the Act in slip form and in the United States
Statutes at Large pursuant to section 112, of title 1, United States Code, the Archivist of the United States shall include after the date of approval at the end appendixes setting forth the texts of the bills referred to in subsection (a) of this section.
SEC. 1001. PAYGO ADJUSTMENTS. (a) Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explana- tory statement of the committee of conference accompanying Con- ference 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 Manage- ment 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 Emer- gency 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.
Incorporation by reference; publication.
Certification.
Post, p. 1501A–476.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00036 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1537PUBLIC LAW 106–113—NOV. 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, amend- ed.
Nov. 18, House agreed to conference report. Nov. 19, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999): Nov. 29, Presidential remarks and statement.
ENDNOTE: The following appendixes are added pursuant to the provisions of section 1000 of this Act (113 Stat. 1535).
Æ
(c) On January 3, 2000, the Director of the Office of Manage- ment 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.
Effective date.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00037 Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–1PUBLIC LAW 106–113—APPENDIX
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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00038 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00039 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–3PUBLIC LAW 106–113—APPENDIX A
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 Depart- ment 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 aug- mentation 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 fur- ther, 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00040 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–4 PUBLIC LAW 106–113—APPENDIX A
Information Administration Organization Act (47 U.S.C. 903(d)(1)), $10,625,000, to remain available until expended.
COUNTERTERRORISM FUND
For necessary expenses, as determined by the Attorney General, $10,000,000, to remain available until expended, to reimburse any Department of Justice organization for: (1) the costs incurred in reestablishing the operational capability of an office or facility which has been damaged or destroyed as a result of any domestic or international terrorist incident; and (2) the costs of providing sup- port 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00041 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–5PUBLIC LAW 106–113—APPENDIX A
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For expenses necessary for the legal activities of the Depart- ment 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 avail- able 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 ‘‘Sala- ries 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 Presi- dential 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 Compensa- tion 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 agree- ments, $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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00042 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–6 PUBLIC LAW 106–113—APPENDIX A
appropriated, not to exceed $8,000 shall be available for official reception and representation expenses: Provided further, That not to exceed $10,000,000 of those funds available for automated litiga- tion support contracts shall remain available until expended: Pro- vided 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 Vio- lent 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 appro- priated 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 avail- able 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: Pro- vided 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 nec- essary 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 sup- port, and training for an automated prisoner information system shall remain available until expended; and of which not less than
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00043 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–7PUBLIC LAW 106–113—APPENDIX A
$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 avail- able 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 transpor- tation 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 appro- priations 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 wit- nesses, for expenses of contracts for the procurement and super- vision 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 pro- tected witness safesites; and of which not to exceed $1,000,000
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00044 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–8 PUBLIC LAW 106–113—APPENDIX A
may be made available for the purchase and maintenance of armored vehicles for transportation of protected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For necessary expenses of the Community Relations Service, established by title X of the Civil Rights Act of 1964, $7,199,000 and, in addition, up to $1,000,000 of funds made available to the Department of Justice in this Act may be transferred by the Attorney General to this account: Provided, That notwithstanding any other provision of law, upon a determination by the Attorney General that emergent circumstances require additional funding for conflict prevention and resolution activities of the Community Relations Service, the Attorney General may transfer such amounts to the Community Relations Service, from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the previous proviso shall be treated as a reprogramming under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.
ASSETS FORFEITURE FUND
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F), and (G), as amended, $23,000,000, to be derived from the Depart- ment 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 traf- ficking 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 orga- nized 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 organiza- tions in succeeding fiscal years, subject to the reprogramming proce- dures described in section 605 of this Act.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00045 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–9PUBLIC LAW 106–113—APPENDIX A
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 avail- able 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00046 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–10 PUBLIC LAW 106–113—APPENDIX A
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Administra- tion, including not to exceed $70,000 to meet unforeseen emer- gencies of a confidential character, to be expended under the direc- tion 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 partici- pants 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 proc- essing and telecommunications equipment, and not to exceed $2,000,000 for laboratory equipment, $4,000,000 for technical equip- ment, 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 rep- resentation 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 avail- able 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 reg- istration, 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00047 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–11PUBLIC LAW 106–113—APPENDIX A
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 enforce- ment; 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 Mar- shals 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 reimburs- able 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 check- points 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 not- withstanding 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 aforemen- tioned offices shall not be augmented by personnel details, tem- porary transfers of personnel on either a reimbursable or non- reimbursable basis, or any other type of formal or informal transfer
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00048 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–12 PUBLIC LAW 106–113—APPENDIX A
or reimbursement of personnel or funds on either a temporary or long-term basis: Provided further, That the number of positions filled through non-career appointment at the Immigration and Naturalization Service, for which funding is provided in this Act or is otherwise made available to the Immigration and Naturaliza- tion 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 infra- structure 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 avail- able 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 mainte- nance 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 replace- ment 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 adminis- tered by the Department of Justice Wireless Management Office for the costs of conversion to narrowband communications and
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00049 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–13PUBLIC LAW 106–113—APPENDIX A
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 pay- ments in advance for grants, contracts and reimbursable agree- ments, 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 facili- ties; 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 con- structing, remodeling, and equipping necessary buildings and facili- ties 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 pris- oners may be used for work performed under this appropriation: Provided further, That not to exceed 10 percent of the funds appro- priated 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 author- ized 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00050 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–14 PUBLIC LAW 106–113—APPENDIX A
set forth in the budget for the current fiscal year for such corpora- tion, 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 pre- scribed 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 corpora- tion or in which it has an interest.
OFFICE OF JUSTICE PROGRAMS
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and other assist- ance 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 Representa- tives 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 per- sonnel 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00051 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–15PUBLIC LAW 106–113—APPENDIX A
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 pay- ments to States for incarceration of criminal aliens, of which $25,000,000 shall be available for the Cooperative Agreement Pro- gram, 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 trans- ferred to and merged with the ‘‘Justice Assistance’’ account) author- ized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322), as amended (‘‘the 1994 Act’’); the Omni- bus 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, coopera- tive 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;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00052 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–16 PUBLIC LAW 106–113—APPENDIX A
of which $34,000,000 shall be for Grants to Encourage Arrest Poli- cies to States, units of local government, and Indian tribal govern- ments, 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 govern- ment 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 enforce- ment 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 appro- priation 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 des- ignated by Congress through language for other Department of Justice appropriation accounts for ‘‘Weed and Seed’’ program activi- ties 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00053 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–17PUBLIC LAW 106–113—APPENDIX A
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 capabili- ties 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 meth- amphetamine 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 pro- gram, $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 assist- ance 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 avail- able 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 provi- sion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00054 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–18 PUBLIC LAW 106–113—APPENDIX A
$42,750,000 shall be available for expenses authorized by part C of title II of the Act: Provided, That $26,500,000 of the amounts provided for part B of title II of the Act, as amended, is for the purpose of providing additional formula grants under part B to States that provide assurances to the Administrator that the State has in effect (or will have in effect no later than 1 year after date of application) policies and programs, that ensure that juveniles are subject to accountability-based sanctions for every act for which they are adjudicated delinquent; (2) $12,000,000 shall be available for expenses authorized by sections 281 and 282 of part D of title II of the Act for prevention and treatment programs relating to juvenile gangs; (3) $10,000,000 shall be available for expenses authorized by section 285 of part E of title II of the Act; (4) $13,500,000 shall be available for expenses authorized by part G of title II of the Act for juvenile mentoring programs; and (5) $95,000,000 shall be available for expenses authorized by title V of the Act for incentive grants for local delinquency preven- tion programs; of which $12,500,000 shall be for delinquency preven- tion, 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 legisla- tion 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 appro- priate 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00055 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–19PUBLIC LAW 106–113—APPENDIX A
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 nec- essary, 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 Depart- ment of Justice in this title shall be available to the Attorney General for official reception and representation expenses in accord- ance 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, which- ever 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 out- side 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 Reduc- tion 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00056 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–20 PUBLIC LAW 106–113—APPENDIX A
SEC. 108. (a) Notwithstanding any other provision of law, for fiscal year 2000, the Assistant Attorney General for the Office of Justice Programs of the Department of Justice—
(1) may make grants, or enter into cooperative agreements and contracts, for the Office of Justice Programs and the compo- nent 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 Jus- tice 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 Com- merce, 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 pay- ment of litigation expenses is available under existing authority and will continue to be made available as set forth in the Memo- randum 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 Administra- tion shall be the Chief Financial Officer of the Department of Justice.’’.
SEC. 112. Section 3024 of the Emergency Supplemental Appro- priations 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 sec- tion 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 per- cent’’ 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00057 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–21PUBLIC LAW 106–113—APPENDIX A
(2) by adding at the end the following: ‘‘(b) HEALTH CARE ITEMS AND SERVICES.—
‘‘(1) IN GENERAL.—Payment for costs incurred for the provi- sion of health care items and services for individuals in the custody of the United States Marshals Service and the Immigra- tion 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 Appropria- tions 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 Nation- ality 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 pref- erence 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00058 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–22 PUBLIC LAW 106–113—APPENDIX A
‘‘(II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b), and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resi- dent 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 sec- tion 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 sec- tion 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 sec- tion 245.’’.
SEC. 118. Section 286(q)(1)(A) of the Immigration and Nation- ality 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.’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00059 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–23PUBLIC LAW 106–113—APPENDIX A
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 Appropria- tions 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 avail- able 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 author- ized 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00060 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–24 PUBLIC LAW 106–113—APPENDIX A
of United States firms, without regard to 44 U.S.C. 3702 and 3703; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the United States and Foreign Commercial Service between two points abroad, without regard to 49 U.S.C. 1517; employment of Americans and aliens by contract for services; rental of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demount- able 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 appro- priated from the general fund, $3,000,000 is derived from fee collec- tions, 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 Compli- ance, $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 serv- ices 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00061 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–25PUBLIC LAW 106–113—APPENDIX A
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 col- lected 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 Commit- tees on Appropriations of the House of Representatives and the Senate and other appropriate committees of the Congress are noti- fied 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 develop- ment 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00062 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–26 PUBLIC LAW 106–113—APPENDIX A
BUREAU OF THE CENSUS
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling, analyzing, pre- paring, 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 Telecommuni- cations 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 emer- gency 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00063 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–27PUBLIC LAW 106–113—APPENDIX A
for such spectrum management costs, and Federal entities with- holding 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 further- ance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain avail- able 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 Tele- communications 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 telecommuni- cations research activities for projects related directly to the development of a national information infrastructure: Provided fur- ther, 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 notwith- standing any other provision of law, no entity that receives tele- communications 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 Depart- ment 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00064 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–28 PUBLIC LAW 106–113—APPENDIX A
PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
For necessary expenses of the Patent and Trademark Office provided for by law, including defense of suits instituted against the Commissioner of Patents and Trademarks, $755,000,000, to remain available until expended: Provided, That of this amount, $755,000,000 shall be derived from offsetting collections assessed and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be retained and used for necessary expenses in this appropriation: Provided further, That the sum herein appro- priated 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 Trade- mark 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 Part- nership 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’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00065 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–29PUBLIC LAW 106–113—APPENDIX A
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including architec- tural and engineering design, and for renovation of existing facili- ties, 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 con- ducting activities pursuant to cooperative agreements; and reloca- tion of facilities as authorized by 33 U.S.C. 883i, $1,688,189,000, to remain available until expended: Provided, That fees and dona- tions 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, notwith- standing 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 Execu- tive Direction and Administration, which consists of the Offices of the Undersecretary, the Executive Secretariat, Policy and Stra- tegic Planning, International Affairs, Legislative Affairs, Public Affairs, Sustainable Development, the Chief Scientist, and the Gen- eral 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 per- sonnel: 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00066 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–30 PUBLIC LAW 106–113—APPENDIX A
dependents under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as may be necessary.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFERS OF FUNDS)
For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $596,067,000, to remain available until expended: Provided, That unexpended balances of amounts previously made available in the ‘‘Operations, Research, and Facili- ties’’ account for activities funded under this heading may be trans- ferred 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 trans- ferred 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 Manage- ment 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00067 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–31PUBLIC LAW 106–113—APPENDIX A
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 appropria- tions 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 author- ized 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 activi- ties 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00068 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–32 PUBLIC LAW 106–113—APPENDIX A
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 Rep- resentatives 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 Com- merce, 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 incen- tives 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 authori- ties included under section 205 of this Act: Provided further, That use of funds to carry out this section shall be treated as a re- programming 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 proce- dures 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 per- taining 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 depart- ment and other Federal agencies for which such centralized services
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00069 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–33PUBLIC LAW 106–113—APPENDIX A
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) soft- ware and systems (either acquired or donated), and an amount necessary to maintain a reasonable operating reserve, as deter- mined 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 manage- ment, 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 expendi- ture 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–
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00070 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–34 PUBLIC LAW 106–113—APPENDIX A
13b), $8,002,000, of which $5,101,000 shall remain available until expended.
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT
SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other officers and employees, and for necessary expenses of the court, as authorized by law, $16,797,000.
UNITED STATES COURT OF INTERNATIONAL TRADE
SALARIES AND EXPENSES
For salaries of the chief judge and eight judges, salaries of the officers and employees of the court, services as authorized by 5 U.S.C. 3109, and necessary expenses of the court, as authorized by law, $11,957,000.
COURTS OF APPEALS, DISTRICT COURTS, 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, mag- istrate 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 Child- hood 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00071 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–35PUBLIC LAW 106–113—APPENDIX A
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 execu- tion 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 equip- ment and protective services for the United States Courts in court- rooms 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 trans- ferred to the United States Marshals Service, which shall be respon- sible 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00072 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–36 PUBLIC LAW 106–113—APPENDIX A
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 represen- tation 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 Sur- vivors’ 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 provi- sions 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 appro- priation, except ‘‘Courts of Appeals, District Courts, and Other Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, Dis- trict 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 expendi- ture 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00073 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–37PUBLIC LAW 106–113—APPENDIX A
461: Provided, That $9,611,000 is appropriated for salary adjust- ments 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 consoli- dation 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00074 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–38 PUBLIC LAW 106–113—APPENDIX A
such sums as may be necessary to provide appropriate space and facilities for the judicial positions created by this section.
This title may be cited as ‘‘The Judiciary Appropriations Act, 2000’’.
TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, including expenses authorized by the State Department Basic Authorities Act of 1956, as amended, the Mutual Educational and Cultural Exchange Act of 1961, as amended, and the United States Information and Edu- cational 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; representa- tion 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 author- ized by the Arms Control and Disarmament Act of September 26, 1961, as amended; acquisition by exchange or purchase of pas- senger 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 Oper- ations’’ 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 pro- grams: 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: Pro- vided 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00075 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–39PUBLIC LAW 106–113—APPENDIX A
transferred to the Commission from all Federal sources that exceeds the authorized amount: Provided further, That notwithstanding sec- tion 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 appropria- tions 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 Reorganiza- tion Plan No. 2 of 1977, as amended (91 Stat. 1636), $205,000,000, to remain available until expended as authorized by section 105
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00076 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–40 PUBLIC LAW 106–113—APPENDIX A
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 accord- ance 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 addi- tion 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 appro- priated in this paragraph shall be available for acquisition of fur- niture 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 Con- sular 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, sub- ject to the same terms and conditions.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00077 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–41PUBLIC LAW 106–113—APPENDIX A
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 nec- essary 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 appro- priated 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 avail- able 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 Appropria- tions 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00078 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–42 PUBLIC LAW 106–113—APPENDIX A
will be served, and the planned exit strategy; and (2) a reprogram- ming 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 peace- keeping 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 pro- vide equipment, services, and material for United Nations peace- keeping activities equal to those being given to foreign manufactur- ers 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 peace- keeping 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 pre- ceding 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 fol- lows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for, $19,551,000.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00079 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–43PUBLIC LAW 106–113—APPENDIX A
CONSTRUCTION
For detailed plan preparation and construction of authorized projects, $5,939,000, to remain available until expended, as author- ized 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 Inter- national 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 Inter- national Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $15,549,000: Pro- vided, 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 Pro- gram Trust Fund on or before September 30, 2000, to remain available until expended: Provided, That none of the funds appro- priated herein shall be used to pay any salary or other compensa- tion, 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00080 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–44 PUBLIC LAW 106–113—APPENDIX A
EAST-WEST CENTER
To enable the Secretary of State to provide for carrying out the provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960 (22 U.S.C. 2054–2057), by grant to the Center for Cultural and Technical Interchange Between East and West in the State of Hawaii, $12,500,000: Provided, That none of the funds appropriated herein shall be used to pay any salary, or enter into any contract providing for the payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.
NORTH/SOUTH CENTER
To enable the Secretary of State to provide for carrying out the provisions of the North/South Center Act of 1991 (22 U.S.C. 2075), by grant to an educational institution in Florida known as the North/South Center, $1,750,000, to remain available until expended.
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the Department of State to the National Endowment for Democracy as authorized by the National Endow- ment 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 commu- nication 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 cooper- ating 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00081 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–45PUBLIC LAW 106–113—APPENDIX A
amended, the Television Broadcasting to Cuba Act, and the Inter- national 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 nec- essary equipment for radio and television transmission and recep- tion, $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 facili- ties for radio transmission and reception, and purchase and installa- tion 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 appropria- tions, 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 expendi- ture 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 Appropria- tions 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 Broad- casting Corporation.
SEC. 406. None of the funds appropriated or otherwise made available in this Act for the United Nations may be used by the
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00082 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–46 PUBLIC LAW 106–113—APPENDIX A
United Nations for the promulgation or enforcement of any treaty, resolution, or regulation authorizing the United Nations, or any of its specialized agencies or affiliated organizations, to tax any aspect of the Internet.
SEC. 407. Funds appropriated by this Act for the Broadcasting Board of Governors and the Department of State may be obligated and expended notwithstanding section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, section 309(g) of the International Broadcasting Act of 1994, and section 15 of the State Department Basic Authorities Act of 1956.
This title may be cited as the ‘‘Department of State and Related Agency Appropriations Act, 2000’’.
TITLE V—RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
MARITIME SECURITY PROGRAM
For necessary expenses to maintain and preserve a U.S.-flag merchant fleet to serve the national security needs of the United States, $96,200,000, to remain available until expended.
OPERATIONS AND TRAINING
For necessary expenses of operations and training activities authorized by law, $72,073,000.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
For the cost of guaranteed loans, as authorized by the Merchant Marine Act, 1936, $6,000,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $1,000,000,000.
In addition, for administrative expenses to carry out the guaranteed loan program, not to exceed $3,809,000, which shall be transferred to and merged with the appropriation for Operations and Training.
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION
Notwithstanding any other provision of this Act, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration, and payments received therefore shall be credited to the appropriation charged with the cost thereof: Provided, That rental payments under any such lease, contract, or occupancy for items other than such utilities, services, or repairs shall be covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fiscal year from the construction fund established by the Merchant Marine Act, 1936, or otherwise, in excess of the appropriations and limita- tions contained in this Act or in any prior appropriation Act.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00083 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–47PUBLIC LAW 106–113—APPENDIX A
COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE ABROAD
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation of Amer- ica’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 para- graph 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 pay- ments 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 Employ- ment Act, the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991, $282,000,000: Provided, That the Commis- sion is authorized to make available for official reception and rep- resentation expenses not to exceed $2,500 from available funds.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00084 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–48 PUBLIC LAW 106–113—APPENDIX A
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allow- ances 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 improve- ment 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 pas- senger 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, notwith- standing section 3302(b) of title 31, United States Code, not to exceed $104,024,000 of offsetting collections derived from fees col- lected 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00085 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–49PUBLIC LAW 106–113—APPENDIX A
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 col- lected 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00086 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–50 PUBLIC LAW 106–113—APPENDIX A
and other regulatory officials, members of their delegations, appro- priate 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 Commis- sion 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, notwith- standing 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 Mar- kets 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 legis- lation.
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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00087 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–51PUBLIC LAW 106–113—APPENDIX A
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, commit- ments 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 trans- ferred 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 reprogram- ming 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00088 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–52 PUBLIC LAW 106–113—APPENDIX A
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as author- ized 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 avail- able 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, pursu- ant 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 activi- ties; or (6) contracts out or privatizes any functions, or activities presently performed by Federal employees; unless the Appropria- tions 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 re- programming of funds in excess of $500,000 or 10 percent, which- ever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing pro- gram, 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00089 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–53PUBLIC LAW 106–113—APPENDIX A
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 out- side 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 inten- tionally 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 Regula- tions.
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 harass- ment 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 peace- keeping 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 Depart- ments 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00090 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–54 PUBLIC LAW 106–113—APPENDIX A
from an appropriation made by this Act that is available for obliga- tion only in the current fiscal year may be obligated during the last 2 months of the fiscal year unless the Committees on Appropria- tions 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 imple- ment 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 expendi- ture 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 Enforce- ment 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00091 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–55PUBLIC LAW 106–113—APPENDIX A
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 prod- ucts, 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 Depart- ments 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 implementa- tion 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 Cli- mate 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00092 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–56 PUBLIC LAW 106–113—APPENDIX A
business improvement project; $2,500,000 shall be available for a grant for the City of Hazard, Kentucky for a Center for Rural Law Enforcement Technology and Training; $1,000,000 shall be available for a grant to the State University of New York to develop a facility and operate the Institute of Entrepreneurship for small business and workforce development; $1,000,000 shall be available for a grant for Pikeville College, School of Osteopathic Medicine for a telemedicine and medical education network; $1,000,000 shall be available for a grant to Operation Hope in Maywood, California for a business incubator project; $1,900,000 shall be available for a grant to the Southern Kentucky Tourism Development Association to develop a facility for regional tourism promotion; $1,000,000 shall be available for a grant to the Southern Kentucky Economic Development Corporation to support a science and technology busi- ness 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 Enforce- ment 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 avail- able 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 incu- bator 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 Govern- ment 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 pro- tecting the principal of each Fund. The Northern Fund and
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00093 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–57PUBLIC LAW 106–113—APPENDIX A
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 agree- ments. 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 appro- priation. 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 Fish- eries 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 representa- tives of the United States. The United States representa- tives shall be appointed by the Secretary of Commerce: one shall be selected from a list of three qualified individ- uals submitted by the Governors of the States of Wash- ington 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00094 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–58 PUBLIC LAW 106–113—APPENDIX A
until each of the following conditions to the 1999 Pacific Salmon Treaty Agreement has been fulfilled—
(A) stipulations are revised and court orders requested as set forth in the letter of understanding of the United States negotiators dated June 22, 1999. If such orders are not requested by December 31, 1999, this condition shall be consid- ered 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 Manage- ment 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 with- drawn 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 Agree- ment, 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 Agree- ment, 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 fish- eries’’ means all directed Pacific salmon fisheries in Washington,
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00095 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–59PUBLIC LAW 106–113—APPENDIX A
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 para- graph: ‘‘(2) A decision of the United States Section with respect to
any salmon fishery regime covered by chapter 1 or 2 (except para- graph 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 enhance- ment, 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 enhance- ment, 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—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00096 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–60 PUBLIC LAW 106–113—APPENDIX A
(1) in subsection (b)(2), by inserting ‘‘the carrier for’’ after ‘‘if ’’; and
(2) in subsection (c), by inserting ‘‘or otherwise provide for’’ after ‘‘to prescribe’’. SEC. 626. None of the funds made available to the Department
of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students.
SEC. 627. None of the funds appropriated in this Act shall be available for the purpose of granting either immigrant or non- immigrant visas, or both, consistent with the Secretary’s determina- tion 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 Mis- sile Systems of May 26, 1972, entered into in New York on Sep- tember 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00097 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–61PUBLIC LAW 106–113—APPENDIX A
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 Appropria- tions Act, 2000’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00098 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00099 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–63PUBLIC LAW 106–113—APPENDIX B
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 Govern- ment 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 commit- ments 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 oper- ations, 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 Appropria- tions: 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00100 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–64 PUBLIC LAW 106–113—APPENDIX B
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and guaran- teed 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, notwith- standing 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 pro- grams (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 settle- ments, 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 addi- tion, such sums as may be necessary for administrative expenses to carry out the credit program may be derived from amounts
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00101 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–65PUBLIC LAW 106–113—APPENDIX B
available for administrative expenses to carry out the credit and insurance programs in the Overseas Private Investment Corpora- tion 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 rehydra- tion programs; (3) health and nutrition programs, and related edu- cation 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00102 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–66 PUBLIC LAW 106–113—APPENDIX B
DEVELOPMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of sections 103 through 106, and chapter 10 of part I of the Foreign Assistance Act of 1961, title V of the International Security and Development Cooperation Act of 1980 (Public Law 96–533) and the provisions of section 401 of the Foreign Assistance Act of 1969, $1,228,000,000, to remain available until September 30, 2001: Provided, That of the amount appropriated under this heading, up to $5,000,000 may be made available for and apportioned directly to the Inter- American Foundation: Provided further, That of the amount appro- priated under this heading, up to $14,400,000 may be made avail- able for the African Development Foundation and shall be appor- tioned 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 organiza- tion 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 budg- eting 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 proce- dures 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 deter- mines 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00103 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–67PUBLIC LAW 106–113—APPENDIX B
(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 pro- viso: 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 Agricul- tural 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 Inter- national 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 fur- ther, That, of the funds appropriated by this Act for the Microenter- prise 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00104 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–68 PUBLIC LAW 106–113—APPENDIX B
$15,000,000 should be made available for Lebanon to be used, among other programs, for scholarships and direct support of the American educational institutions in Lebanon.
BURMA
Of the funds appropriated under the headings ‘‘Economic Sup- port 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 notwith- standing 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 Appropria- tions.
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 pro- viding 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00105 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–69PUBLIC LAW 106–113—APPENDIX B
108 of the Foreign Assistance Act of 1961. In addition, for adminis- trative 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 Inter- national 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 ‘‘Oper- ating Expenses of the Agency for International Development’’: Pro- vided 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 Inter- national 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00106 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–70 PUBLIC LAW 106–113—APPENDIX B
under this heading may be made available to finance the construc- tion (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), pur- chase, or long term lease of offices in a report submitted to the Committees on Appropriations at least 15 days prior to the obliga- tion 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: Pro- vided 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00107 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–71PUBLIC LAW 106–113—APPENDIX B
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 Sup- port 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 fur- ther, That of the funds made available under this heading and the headings ‘‘International Narcotics Control and Law Enforce- ment’’ and ‘‘Economic Support Fund’’, not to exceed $130,000,000 shall be made available for Bosnia and Herzegovina: Provided fur- ther, 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 appro- priations Acts that are or have been made available for an Enter- prise 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 appropria- tion 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 authori- ties 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 conver- sion of funds appropriated under this heading into currency used
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00108 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–72 PUBLIC LAW 106–113—APPENDIX B
by Bosnia and Herzegovina as local currency and local currency returned or repaid under such program) the Administrator of the Agency for International Development shall provide written approval for grants and loans prior to the obligation and expendi- ture 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 pro- grams 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 nec- essary 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;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00109 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–73PUBLIC LAW 106–113—APPENDIX B
(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 assist- ance 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 Sup- port 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 avail- able 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 authori- ties 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 Federa- tion, 50 percent shall be withheld from obligation until the President determines and certifies in writing to the Committees on Appropria- tions that the Government of the Russian Federation has termi- nated implementation of arrangements to provide Iran with tech- nical 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 sur-
vival 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 Appro- priations 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 arrange- ments.
(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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00110 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–74 PUBLIC LAW 106–113—APPENDIX B
Union, of which at least 60 percent should be made available for the preventive care and treatment of mothers and infants in Russia.
INDEPENDENT AGENCY
PEACE CORPS
For necessary expenses to carry out the provisions of the Peace Corps Act (75 Stat. 612), $245,000,000, including the purchase of not to exceed five passenger motor vehicles for administrative purposes for use outside of the United States: Provided, That none of the funds appropriated under this heading shall be used to pay for abortions: Provided further, That funds appropriated under this heading shall remain available until September 30, 2001.
DEPARTMENT OF STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $305,000,000, of which $21,000,000 shall become available for obligation on September 30, 2000, and remain available until expended: Provided, That of this amount not less than $10,000,000 should be made available for Law Enforcement Training and Demand Reduction: Provided further, That any funds made available under this heading for anti-crime programs and activities shall be made available subject to the regular notification procedures of the Committees on Appropriations: Provided further, That during fiscal year 2000, the Department of State may also use the authority of section 608 of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United States Government for the purpose of providing it to a foreign country under chapter 8 of part I of that Act subject to the regular notification procedures of the Committees on Appropriations: Provided further, That in addition to any funds previously made available to establish and operate the International Law Enforcement Academy for the Western Hemi- sphere, 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 contribu- tion to the International Committee of the Red Cross, assistance to refugees, including contributions to the International Organiza- tion 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 author- ized 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00111 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–75PUBLIC LAW 106–113—APPENDIX B
expended: Provided, That not more than $13,800,000 shall be avail- able 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 reset- tling 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, sec- tion 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 provi- sion of law, including activities implemented through nongovern- mental and international organizations, section 301 of the Foreign Assistance Act of 1961 for a voluntary contribution to the Inter- national 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 Appropria- tions 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 activi- ties 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,
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00112 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–76 PUBLIC LAW 106–113—APPENDIX B
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 avail- able 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 appro- priated or otherwise made available for programs within the Inter- national 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 Pro- grams 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 avail- able 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 inter- agency 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00113 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–77PUBLIC LAW 106–113—APPENDIX B
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 Commit- tees 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 Depart- ment 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 activi- ties 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 dis- bursed 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00114 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–78 PUBLIC LAW 106–113—APPENDIX B
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 edu- cation 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 proce- dures of the Committees on Appropriations: Provided further, That funds appropriated by this paragraph shall be nonrepayable not- withstanding 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, not- withstanding 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 assist- ance 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 Govern- ment 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 arti- cles 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00115 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–79PUBLIC LAW 106–113—APPENDIX B
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 Appropria- tions 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 Partner- ship 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00116 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–80 PUBLIC LAW 106–113—APPENDIX B
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 con- tributions 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00117 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–81PUBLIC LAW 106–113—APPENDIX B
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 appro- priation 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00118 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–82 PUBLIC LAW 106–113—APPENDIX B
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 representa- tion 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 dol- lars: 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 allow- ances: 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 Develop- ment Agency’’, not to exceed $2,000 shall be available for representa- tion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00119 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–83PUBLIC LAW 106–113—APPENDIX B
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 obli- gated 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 Commit- tees 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: Pro- vided, 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00120 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–84 PUBLIC LAW 106–113—APPENDIX B
of availability contained in this Act: Provided further, That, notwith- standing 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 avail- able until expended: Provided further, That the report required by section 653(a) of the Foreign Assistance Act of 1961 shall des- ignate for each country, to the extent known at the time of submis- sion 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 produc- tion 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, publica- tion, 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 devel- oping countries where such activities will not have a significant impact in the export of agricultural commodities of the United States; or
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00121 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–85PUBLIC LAW 106–113—APPENDIX B
(2) research activities intended primarily to benefit Amer- ican 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-Amer- ican Development Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corpora- tion, 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 institu- tions, 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’’, ‘‘Assist- ance 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 activi- ties, 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 pre- viously 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00122 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–86 PUBLIC LAW 106–113—APPENDIX B
notification in accordance with the regular notification procedures of the Committees on Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided further, That in case of any such waiver, notification to the Congress, or the appropriate congressional committees, shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver: Provided further, That any notification provided pursu- ant to such a waiver shall contain an explanation of the emergency circumstances.
(b) Drawdowns made pursuant to section 506(a)(2) of the For- eign Assistance Act of 1961 shall be subject to the regular notifica- tion 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 imple- menting 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 ‘‘Assist- ance 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 ‘‘Assist- ance 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00123 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–87PUBLIC LAW 106–113—APPENDIX B
(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 Appro- priations.
(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 appro- priations Acts under the headings ‘‘Assistance for the New Inde- pendent 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 signifi- cant 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 plan- ning 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 involun- tary sterilizations: Provided, That none of the funds made available under this Act may be used to lobby for or against abortion.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00124 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–88 PUBLIC LAW 106–113—APPENDIX B
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 519. Not to exceed 5 percent of any appropriation other than for administrative expenses made available for fiscal year 2000, for programs under title I of this Act may be transferred between such appropriations for use for any of the purposes, pro- grams, and activities for which the funds in such receiving account may be used, but no such appropriation, except as otherwise specifi- cally 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 ear- marks, 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00125 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–89PUBLIC LAW 106–113—APPENDIX B
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 accord- ance 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 activi- ties 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 democ- racy 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00126 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–90 PUBLIC LAW 106–113—APPENDIX B
to the regular notification procedures of the Committees on Appro- priations: Provided further, That notwithstanding any other provi- sion of law that restricts assistance to foreign countries, of the funds appropriated by this Act under the heading ‘‘Economic Sup- port 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 Appro- priations 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 con- tracts, 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 Appropria- tions Act, 1990, the United States may not sell or otherwise make available any Stingers to any country bordering the Persian Gulf
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00127 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–91PUBLIC LAW 106–113—APPENDIX B
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 nongovern- mental 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 Adminis- trator 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 cur- rencies 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 Inter-
national Development shall take all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to sub- section (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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00128 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–92 PUBLIC LAW 106–113—APPENDIX B
pursuant to subsection (a) shall be disposed of for such purposes as may be agreed to by the government of that country and the United States Government.
(5) REPORTING REQUIREMENT.—The Administrator of the Agency for International Development shall report on an annual basis as part of the justification documents submitted to the Committees on Appropriations on the use of local currencies for the administrative requirements of the United States Government as authorized in subsection (a)(2)(B), and such report shall include the amount of local currency (and United States dollar equivalent) used and/or to be used for such purpose in each applicable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1) If assist- ance 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 Resolu- tion 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 proce- dures of the Committees on Appropriations, which shall include a detailed description of how the funds proposed to be made avail- able 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 com- pensation 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 institu- tions’’ are: the International Bank for Reconstruction and Develop- ment, the Inter-American Development Bank, the Asian Develop- ment Bank, the Asian Development Fund, the African Development Bank, the African Development Fund, the International Monetary
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00129 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–93PUBLIC LAW 106–113—APPENDIX B
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, provi- sions of this or any other Act, including provisions contained in prior Acts authorizing or making appropriations for foreign oper- ations, export financing, and related programs, shall not be con- strued 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 Pro- grams’’ 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 cur- rently 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 Presi- dent determines and certifies that such assistance is not likely to cause a loss of jobs within the United States; or
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00130 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–94 PUBLIC LAW 106–113—APPENDIX B
(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: Pro- vided, That this restriction shall not apply to assistance for Kosova or Montenegro, or to assistance to promote democratization: Pro- vided 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 per- sonal 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 Representa- tives and the President pro tempore of the Senate that it is impor- tant 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—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00131 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–95PUBLIC LAW 106–113—APPENDIX B
(1) the Arab League countries should immediately and publicly renounce the primary boycott of Israel and the sec- ondary 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 dis- appointing;
(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 normal- izing 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 avail- able 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 partici- pants 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 Assist- ance 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00132 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–96 PUBLIC LAW 106–113—APPENDIX B
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 Presi- dent shall notify the Committees on Appropriations under the reg- ular 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 con- tained 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: Pro- vided, 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 ear- marked may be reprogrammed for other programs within the same account notwithstanding the earmark if compliance with the ear- mark 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 deter- mines that the recipient for which funds are earmarked has signifi- cantly 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; how- ever, 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00133 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–97PUBLIC LAW 106–113—APPENDIX B
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 ear- marked 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 pro- vided 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 Amer- ican-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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00134 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–98 PUBLIC LAW 106–113—APPENDIX B
CONSULTING SERVICES
SEC. 547. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursu- ant 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 docu- ment, file, or record necessary to the auditing requirements of the Agency for International Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EX- PORT 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 govern- ment 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 pen- alties are fully paid to the government of the District of Columbia.
(b) DEFINITION.—For purposes of this section, the term ‘‘appro- priate congressional committees’’ means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00135 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–99PUBLIC LAW 106–113—APPENDIX B
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 Facilita- tion Act of 1995 (title VI of Public Law 104–107) or any other legislation to suspend or make inapplicable section 307 of the For- eign 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 appro- priated 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 con- tribute 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 Assist- ance Act of 1961, as amended, of up to $30,000,000 of commodities and services for the United Nations War Crimes Tribunal estab- lished 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: Pro- vided, 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 enact- ment 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 viola- tions 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 Yugo- slavia 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: Pro- vided, That section 1365(c) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 22 U.S.C., 2778
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00136 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–100 PUBLIC LAW 106–113—APPENDIX B
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 Govern- ment for the purpose of conducting official United States Govern- ment 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 loca- tions 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 substan-
tially 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 cus- tomer’s additional or unique requirements will continue to be allow- able 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00137 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–101PUBLIC LAW 106–113—APPENDIX B
(3) any obligation or portion of such obligation, to pay for purchases of United States agricultural commodities guaran- teed 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 Agricul- tural Trade Act of 1978, as amended (Public Law 95–501). (b) LIMITATIONS.—
(1) The authority provided by subsection (a) may be exer- cised 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 exer- cised 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 exer- cised 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 expendi-
tures; (2) has not repeatedly provided support for acts of inter-
national 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 inter- nationally 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 sub-
section (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 notwith- standing 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 CAN- CELLATION.—
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN LOANS.—Notwithstanding any other provision of law, the Presi- dent 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00138 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–102 PUBLIC LAW 106–113—APPENDIX B
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 develop- ment, 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 admin- istering part I of the Foreign Assistance Act of 1961 of pur- chasers 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, reduc-
tion, 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 satisfac- tory 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 sub- section (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:
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00139 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–103PUBLIC LAW 106–113—APPENDIX B
(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 enact-
ment 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 Govern- ment 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 Hai- tian 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 inter- nationally recognized human rights;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00140 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–104 PUBLIC LAW 106–113—APPENDIX B
(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 profes- sionalism of judicial personnel by consistently placing students graduated by the Judicial School in appropriate judicial posi- tions 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 per-
cent 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 addi- tion 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 coun- tries’ 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 Pro- gram) 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—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00141 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–105PUBLIC LAW 106–113—APPENDIX B
(1) a natural person who is a citizen or national of the United States; or
(2) a corporation, partnership, or other legal entity orga- nized under the United States or any State, territory, posses- sion, 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 appro- priated 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00142 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–106 PUBLIC LAW 106–113—APPENDIX B
RESTRICTIONS ON ASSISTANCE TO COUNTRIES PROVIDING SANCTUARY TO INDICTED WAR CRIMINALS
SEC. 566. (a) BILATERAL ASSISTANCE.—None of the funds made available by this or any prior Act making appropriations for foreign operations, export financing and related programs, may be provided for any country, entity or municipality described in subsection (e).
(b) MULTILATERAL ASSISTANCE.— (1) PROHIBITION.—The Secretary of the Treasury shall
instruct the United States executive directors of the inter- national 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 institu- tion’’ includes the International Monetary Fund, the Inter- national Bank for Reconstruction and Development, the Inter- national 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 munici- pality 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;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00143 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–107PUBLIC LAW 106–113—APPENDIX B
(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 Inter- national 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 munici- pality 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 pro- gram, 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 sanc-
tioned 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 commit- tees 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 munici- palities.
(2) INFORMATION OF THE DCI AND THE SECRETARY OF DEFENSE.—The Director of Central Intelligence and the Sec- retary of Defense should collect and provide to the Secretary of State information concerning the location, including the municipality, of publicly indicted war criminals.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00144 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–108 PUBLIC LAW 106–113—APPENDIX B
(3) INFORMATION OF THE TRIBUNAL.—The Secretary of State shall request that the Tribunal and other international organizations and governments provide the Secretary of State information concerning the location, including the municipality, of publicly indicted war criminals and concerning country, entity and municipality authorities known to have obstructed the work of the Tribunal.
(4) REPORT.—Beginning 30 days after the date of the enact- ment 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 classi- fied 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 institu- tion 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 Appropria- tions 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 Tri- bunal, 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 pursu-
ant 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—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00145 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–109PUBLIC LAW 106–113—APPENDIX B
(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 Inter- national 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 RUS- SIAN FEDERATION SHOULD IT ENACT LAWS WHICH WOULD DISCRIMI- NATE AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN FED- ERATION
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 imple- mented no statute, executive order, regulation or similar govern- ment action that would discriminate, or would have as its principal effect discrimination, against religious groups or religious commu- nities in the Russian Federation in violation of accepted inter- national 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 activi- ties in fiscal year 2000, and any plan for programs thereafter related to the implementation or the furtherance of protocols pursu- ant 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00146 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–110 PUBLIC LAW 106–113—APPENDIX B
further, That such report shall identify with regard to the Agency for International Development, obligations and expenditures by country or central program and activity.
EXCESS DEFENSE ARTICLES FOR CERTAIN EUROPEAN COUNTRIES
SEC. 569. Section 105 of Public Law 104–164 (110 Stat. 1427) is amended by striking ‘‘1996 and 1997’’ and inserting ‘‘1999 and 2000’’.
AID TO THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF CONGO
SEC. 570. None of the funds appropriated or otherwise made available by this Act may be provided to the Central Government of the Democratic Republic of Congo.
ASSISTANCE FOR THE MIDDLE EAST
SEC. 571. Of the funds appropriated in titles II and III of this Act under the headings ‘‘Economic Support Fund’’, ‘‘Foreign Military Financing Program’’, ‘‘International Military Education and Training’’, ‘‘Peacekeeping Operations’’, for refugees resettling in Israel under the heading ‘‘Migration and Refugee Assistance’’, and for assistance for Israel to carry out provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 under the heading ‘‘Nonproliferation, Anti-Terrorism, Demining and Related Pro- grams’’, 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 proce- dures of the Committees on Appropriations, a plan for the distribu- tion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00147 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–111PUBLIC LAW 106–113—APPENDIX B
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 proce- dures.’’.
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 Representa- tives.
KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION
SEC. 576. (a) Of the funds made available under the heading ‘‘Nonproliferation, Anti-terrorism, Demining and Related Pro- grams’’, 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00148 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–112 PUBLIC LAW 106–113—APPENDIX B
Declaration on Denuclearization of the Korean Peninsula in which the Government of North Korea has committed not to test, manufacture, produce, receive, possess, store, deploy, or use nuclear weapons, and not to possess nuclear reprocessing or uranium enrichment facilities;
(2) the parties to the Agreed Framework have taken and continue to take demonstrable steps to pursue the North-South dialogue;
(3) North Korea is complying with all provisions of the Agreed Framework;
(4) North Korea has not diverted assistance provided by the United States for purposes for which it was not intended; and
(5) North Korea is not seeking to develop or acquire the capability to enrich uranium, or any additional capability to reprocess spent nuclear fuel. (c) Of the funds made available for KEDO, up to $20,000,000
may be made available on or after June 1, 2000, if, 30 days prior to such obligation of funds, the President certifies and so reports to Congress that—
(1) the effort to can and safely store all spent fuel from North Korea’s graphite-moderated nuclear reactors has been successfully concluded;
(2) North Korea is complying with its obligations under the agreement regarding access to suspect underground construction;
(3) North Korea has terminated its nuclear weapons pro- gram, 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 congres- sional 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 Founda- tion: 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00149 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–113PUBLIC LAW 106–113—APPENDIX B
the enactment of this provision: Provided further, That notwith- standing 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 Founda- tion 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 separa- tion;
(D) an employee who has previously received any vol- untary 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00150 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–114 PUBLIC LAW 106–113—APPENDIX B
a proposed organizational chart for the agency once such incen- tive payments have been completed.
(2) CONTENTS.—The agency’s plan shall include— (A) the positions and functions to be reduced or elimi-
nated, identified by organizational unit, geographic loca- tion, 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 mat- ters 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 enti- tled 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 res- ignation) 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 Govern- ment 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00151 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–115PUBLIC LAW 106–113—APPENDIX B
or chapter 84 of title 5, United States Code, to whom a vol- untary 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 GOVERN-
MENT.— (1) An individual who has received a voluntary separation
incentive payment under this section and accepts any employ- ment 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 incen- tive payment under this section. For the purposes of this sub- section, 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00152 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–116 PUBLIC LAW 106–113—APPENDIX B
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 Commit- tees on Appropriations a detailed budget for each fiscal year. The Agency shall submit to the Committees on Appropriations a pro- posed budget format no later than October 31, 1999, or 30 days after the enactment of this Act, whichever occurs later. The pro- posed 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 identi- fied 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 depart- ments 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 cir- cumstances 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00153 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–117PUBLIC LAW 106–113—APPENDIX B
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 speci- fied 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 termi-
nated 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00154 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–118 PUBLIC LAW 106–113—APPENDIX B
other provisions of law, as of the day before the effective date of this section.
(2) REPEAL.—Section 401 of the Foreign Assistance Act of 1969 (22 U.S.C. 6290f) is repealed upon the effective date specified in subsection ( j).
(3) FINAL DISPOSITION OF FUNDS.—Upon the date of trans- mittal to Congress of the certification described in subsection (d)(4), all unexpended balances of appropriations of the Founda- tion 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 per- forming 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, facili- ties, 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 congres- sional 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 termi- nation 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)), con- tracts, 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00155 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–119PUBLIC LAW 106–113—APPENDIX B
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 PRO- CEEDINGS.—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 Founda- tion; 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 Founda- tion 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 TRANS- FERRED FUNCTIONS.—Orders and actions of the Director in the exercise of functions terminated or transferred under this sec- tion 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);
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00156 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–120 PUBLIC LAW 106–113—APPENDIX B
(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 congres-
sional committees’’ means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Com- mittee on Appropriations and the Committee on International Rela- tions 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 appro- priate 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 Gen- eral’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 Commis- sioner 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 assist- ance to the Colombian security forces and responding to reports of human rights violations, and not less than $5,000,000 should
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00157 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–121PUBLIC LAW 106–113—APPENDIX B
be made available for administration of justice programs including support for the Colombia Attorney General’s Technical Investiga- tions Unit.
INDONESIA
SEC. 589. (a) Funds appropriated by this Act under the headings ‘‘International Military Education and Training’’ and ‘‘Foreign Mili- tary 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 govern- ment 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).
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00158 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–122 PUBLIC LAW 106–113—APPENDIX B
UNITED STATES ASSISTANCE POLICY FOR OPPOSITION-CONTROLLED AREAS OF SUDAN
SEC. 592. (a) Notwithstanding any other provision of law, the President, acting through appropriate Federal agencies, may pro- vide 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 reconcili- ation 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 humani- tarian assistance, including food, directly to National Demo- cratic Alliance participants and the Sudanese People’s Libera- tion Movement operating outside of the United Nations’ Oper- ation 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 admin- istering 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 commit- ments of the United States: (1) effect the United States participation in the fifth general capital increase of the African Development
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00159 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–123PUBLIC LAW 106–113—APPENDIX B
Bank, the first general capital increase of the Multilateral Invest- ment 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 cap- ital, 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 Inter- national 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 PO- LITICAL INDEPENDENCE OF THE COUNTRIES OF THE SOUTH CAUCASUS AND CENTRAL ASIA
‘‘SEC. 499. UNITED STATES ASSISTANCE TO PROMOTE RECONCILI- ATION 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 assist- ance 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 assist- ance to meet humanitarian needs, including needs for food, medicine, medical supplies and equipment, education, and clothing.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00160 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–124 PUBLIC LAW 106–113—APPENDIX B
‘‘(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 dis- placed persons to their homes; and
‘‘(3) assisting in the reconstruction of residential and eco- nomic 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 Corpora- tion.
‘‘(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 plan- ning, financing, and construction of infrastructure for communica- tions, 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00161 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–125PUBLIC LAW 106–113—APPENDIX B
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 con- trols.
‘‘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 recog- nized 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 NONGOVERN- MENTAL ORGANIZATIONS.—Assistance under this chapter may be provided to governments or through nongovernmental organiza- tions.
‘‘(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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00162 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–126 PUBLIC LAW 106–113—APPENDIX B
‘‘(d) AVAILABLE AUTHORITIES.—The authority in this chapter to provide assistance for the countries of the South Caucasus and Central Asia is in addition to the authority to provide such assist- ance 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 para- graphs (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 sec- tion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00163 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–127PUBLIC LAW 106–113—APPENDIX B
‘‘(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 extra- dite 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, coer-
cion, 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 sub- jected 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 SANC- TIONS.—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.—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00164 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–128 PUBLIC LAW 106–113—APPENDIX B
(1) The Secretary of the Treasury shall instruct the United States executive directors of the international financial institu- tions 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 participa- tion 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 reso- lution 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 Fed- eral 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 Initia- tive (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 nego- tiated the division of assets and liabilities and all other succes- sion 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 per- sons 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 representa- tives of the ethnic Albanian community in Kosova have agreed on, signed, and begun implementation of a negotiated settle- ment 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00165 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–129PUBLIC LAW 106–113—APPENDIX B
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 applica- tion 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 develop-
ment 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 applica- tion of United States technology.
(3) During the next century, developing countries, particu- larly countries in Asia such as China and India, will dramati- cally 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 environ- mental 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 direc- tors 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. Pro- grams, projects and activities for which the use of such technology should be considered include reconstruction assistance for the Bal- kans, 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 procure- ment of articles and services of United States origin.
(b) DEFINITIONS.—In this section:
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00166 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–130 PUBLIC LAW 106–113—APPENDIX B
(1) ARTICLE.—The term ‘‘article’’ means any agricultural commodity, steel, communications equipment, farm machinery or petrochemical refinery equipment.
(2) FEDERAL REPUBLIC OF YUGOSLAVIA.—The term ‘‘Federal Republic of Yugoslavia’’ includes Serbia, Montenegro and Kosova.
CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND
SEC. 599C. (1) LIMITATIONS ON AMOUNT OF CONTRIBUTION.— Of the amounts made available under ‘‘International Organizations and Programs’’, not more than $25,000,000 for fiscal year 2000 shall be available for the United Nations Population Fund (hereafter in this subsection referred to as the ‘‘UNFPA’’).
(2) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the funds made available under ‘‘International Organizations and Pro- grams’’ may be made available for the UNFPA for a country pro- gram 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 avail- able 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 sec- tion 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, nongovern- mental, or multilateral organization until the organization cer- tifies that it will not, during the period for which the funds
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00167 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–131PUBLIC LAW 106–113—APPENDIX B
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 popu- lation 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 opposi- tion to coercive abortion or involuntary sterilization.
(3) APPLICATION TO FOREIGN ORGANIZATIONS.—The prohibi- tions and certifications of this subsection apply to funds made available to a foreign organization either directly or as a subcon- tractor or subgrantee. (c) WAIVER AUTHORITY.—
(1) AUTHORITY.—The President may waive the restrictions contained in subsection (b) that require certifications from for- eign 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 allo- cated 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, nongovern- mental, 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00168 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–132 PUBLIC LAW 106–113—APPENDIX B
in writing to the Committee on Appropriations and the Com- mittee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Rela- tions 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 Con- gress 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 trans- mitted 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 Pro- gram’’, $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 obliga- tion on September 30, 2000: Provided further, That funds appro- priated 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 arti- cles 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00169 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–133PUBLIC LAW 106–113—APPENDIX B
systems, of which not to exceed 26.3 percent shall be available for the procurement in Israel of defense articles and defense serv- ices, 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 designa- tion of the entire amount as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Def- icit 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’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00170 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00171 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–135PUBLIC LAW 106–113—APPENDIX C
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 Sep- tember 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, acquisi- tion 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 addi- tion, $33,529,000 for Mining Law Administration program oper- ations, 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 appropria- tion 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 commu- nication 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00172 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–136 PUBLIC LAW 106–113—APPENDIX C
of the date of the coalbed methane Application for Permit to Drill, are covered by: (1) a coal lease; (2) a coal mining permit; or (3) an application for a coal mining lease: Provided further, That appro- priations 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 oper- ations, 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 appro- priation 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 fur- ther, That persons hired pursuant to 43 U.S.C. 1469 may be fur- nished 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 Depart- ment 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00173 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–137PUBLIC LAW 106–113—APPENDIX C
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 coun- ties 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00174 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–138 PUBLIC LAW 106–113—APPENDIX C
315 et seq.) and the amount designated for range improvements from grazing fees and mineral leasing receipts from Bankhead- Jones lands transferred to the Department of the Interior pursuant to law, but not less than $10,000,000, to remain available until expended: Provided, That not to exceed $600,000 shall be available for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to proc- essing 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, oper- ation, 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: Pro- vided, 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 appro- priate 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 adminis- tered 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00175 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–139PUBLIC LAW 106–113—APPENDIX C
connection with jointly produced publications for which the coopera- tors 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, manage- ment, investigations, protection, and utilization of fishery and wild- life 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 agree- ments 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 con- structed by the Corps of Engineers under the Lower Snake River Compensation Plan, authorized by the Water Resources Develop- ment 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 govern- ments in southern California for planning associated with the Nat- ural 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, with- out 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00176 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–140 PUBLIC LAW 106–113—APPENDIX C
to the ‘‘Resource Management’’ account and shall remain available until expended: Provided further, That, heretofore and hereafter, in carrying out work under reimbursable agreements with any State, local, or tribal government, the United States Fish and Wildlife Service may, without regard to 31 U.S.C. 1341 and notwith- standing 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 recover- able under the Comprehensive Environmental Response, Compensa- tion 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 Con- servation 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 Endan- gered 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00177 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–141PUBLIC LAW 106–113—APPENDIX C
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 Appre- ciation Fund, $800,000, to remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant Con- servation 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 con- servation 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 Depart- ment 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 serv- ices from cooperators in connection with jointly produced publica- tions 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00178 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–142 PUBLIC LAW 106–113—APPENDIX C
as replacements for existing aircraft: Provided further, That not- withstanding 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 administra- tion 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, nat- ural programs, cultural programs, heritage partnership programs, environmental compliance and review, international park affairs, statutory or contractual aid for other activities, and grant adminis- tration, 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: Pro- vided, 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 Preserva- tion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00179 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–143PUBLIC LAW 106–113—APPENDIX C
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 Amer- ica’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 Treas- ures 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 phys- ical 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 Memo- rial: 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 assur- ance 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 Con- servation 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00180 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–144 PUBLIC LAW 106–113—APPENDIX C
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 require- ments 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 agree- ment, 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 sub- mitted 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 cir- cumstances 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00181 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–145PUBLIC LAW 106–113—APPENDIX C
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 encour- age 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 topog- raphy, 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 inves- tigations; 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 appropria- tion shall be used to pay more than one-half the cost of topographic mapping or water resources data collection and investigations car- ried 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 appro- priations herein made may be accomplished through the use of
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00182 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–146 PUBLIC LAW 106–113—APPENDIX C
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 oper- ating 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 adminis- trative 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 overpay- ments 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00183 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–147PUBLIC LAW 106–113—APPENDIX C
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 Sur- face 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: Pro- vided, 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 aban- doned 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 limita- tion 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 Govern- ment for the purpose of environmental restoration related to treat- ment 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 Reclama- tion Act: Provided further, That, in addition to the amount granted
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00184 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–148 PUBLIC LAW 106–113—APPENDIX C
to the Commonwealth of Pennsylvania under sections 402(g)(1) and 402(g)(5) of the Surface Mining Control and Reclamation Act (Act), an additional $300,000 will be specifically used for the purpose of conducting a demonstration project in accordance with section 401(c)(6) of the Act to determine the efficacy of improving water quality by removing metals from eligible waters polluted by acid mine drainage: Provided further, That the State of Maryland may set aside the greater of $1,000,000 or 10 percent of the total of the grants made available to the State under title IV of the Surface Mining Control and Reclamation Act of 1977, as amended (30 U.S.C. 1231 et seq.), if the amount set aside is deposited in an acid mine drainage abatement and treatment fund established under a State law, pursuant to which law the amount (together with all interest earned on the amount) is expended by the State to undertake acid mine drainage abatement and treatment projects, except that before any amounts greater than 10 percent of its title IV grants are deposited in an acid mine drainage abatement and treatment fund, the State of Maryland must first complete all Surface Mining Control and Reclamation Act priority one projects.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For expenses necessary for the operation of Indian programs, as authorized by law, including the Snyder Act of November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments of 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended, $1,670,444,000, to remain available until September 30, 2001 except as otherwise provided herein, of which not to exceed $93,684,000 shall be for welfare assistance payments and notwithstanding any other provision of law, including but not lim- ited 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 organiza- tions 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 edu- cation 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00185 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–149PUBLIC LAW 106–113—APPENDIX C
$42,160,000 within and only from such amounts made available for school operations shall be available to tribes and tribal organiza- tions 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 facili- ties, 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 Irriga- tion 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 sub- ject 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00186 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–150 PUBLIC LAW 106–113—APPENDIX C
available until expended; of which $25,260,000 shall be available for implementation of enacted Indian land and water claim settle- ments 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 assist- ance 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00187 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–151PUBLIC LAW 106–113—APPENDIX C
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 compli- ance 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 govern- ments herein provided for, including such transactions of all agen- cies or instrumentalities established or used by such governments,
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00188 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–152 PUBLIC LAW 106–113—APPENDIX C
may be audited by the General Accounting Office, at its discretion, in accordance with chapter 35 of title 31, United States Code: Provided further, That Northern Mariana Islands Covenant grant funding shall be provided according to those terms of the Agreement of the Special Representatives on Future United States Financial Assistance for the Northern Mariana Islands approved by Public Law 104–134: Provided further, That Public Law 94–241, as amended, is further amended: (1) in section 4(b) by striking ‘‘2002’’ and inserting ‘‘1999’’ and by striking the comma after ‘‘$11,000,000 annually’’ and inserting the following: ‘‘and for fiscal year 2000, payments to the Commonwealth of the Northern Mariana Islands shall be $5,580,000, but shall return to the level of $11,000,000 annually for fiscal years 2001 and 2002. In fiscal year 2003, the payment to the Commonwealth of the Northern Mariana Islands shall be $5,420,000. Such payments shall be’’; and (2) in section (4)(c) by adding a new subsection as follows: ‘‘(4) for fiscal year 2000, $5,420,000 shall be provided to the Virgin Islands for correc- tional facilities and other projects mandated by Federal law.’’: Pro- vided 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 oper- ations 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 Fed- erated 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 nec- essary 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00189 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–153PUBLIC LAW 106–113—APPENDIX C
up to $1,000,000 shall be available for workers compensation pay- ments 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 expendi- ture, 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 enact- ment of this Act, concerning losses to or mismanagement of trust funds, until the affected tribe or individual Indian has been fur- nished 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 perform- ance 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 coopera- tive agreement, $5,000,000 to remain available until expended and which shall be transferred to the Bureau of Indian Affairs, of
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00190 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–154 PUBLIC LAW 106–113—APPENDIX C
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 subse- quent 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: Pro- vided 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 facili- ties or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00191 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–155PUBLIC LAW 106–113—APPENDIX C
available under this authority until funds specifically made avail- able 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 assess- ment 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 Reclama- tion 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 obliga- tions incurred during the preceding fiscal year, and for reimburse- ment 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 cur- rently available at the time of receipt thereof: Provided further, That for emergency rehabilitation and wildfire suppression activi- ties, 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 require- ments’’ 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00192 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–156 PUBLIC LAW 106–113—APPENDIX C
by 5 U.S.C. 3109, when authorized by the Secretary, in total amount not to exceed $500,000; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when author- ized 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 obliga- tions 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00193 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–157PUBLIC LAW 106–113—APPENDIX C
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 Fed- eral or private sector jobs during the facility shut-down and disposi- tion 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 appro- priated in this title shall not be available for any contract support costs or indirect costs associated with any contract, grant, coopera- tive 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00194 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–158 PUBLIC LAW 106–113—APPENDIX C
unit. The Secretary may provide for and regulate local non-rec- reational 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 dele- gated 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;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00195 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–159PUBLIC LAW 106–113—APPENDIX C
‘‘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 manage- ment initiatives of general benefit to the Department of the Inte- rior’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 appro- priations 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, mainte- nance 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 trans- ferred) 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00196 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–160 PUBLIC LAW 106–113—APPENDIX C
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 pro- ceeding 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 sub- chapter 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 Amer- ican 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, Amer- ican Samoa Government v. Philip Morris Tobacco Co., et. al.).
(b) CONDITIONS REGARDING LOAN PROCEEDS.—Except as pro- vided 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 agree- ment 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00197 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–161PUBLIC LAW 106–113—APPENDIX C
(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 under- standing identified in subsection (b)(2), the ASG and the Sec- retary 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 provi- sion 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 agen- cies), 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 popu- lation 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 govern- mental purpose for the benefit of the general population of American Samoa, wherein the creditor agrees to com- promise 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 pro- ceeds 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 subpara- graph, 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 Amer- ican 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00198 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–162 PUBLIC LAW 106–113—APPENDIX C
Upon issuance of payments in accordance with the notice, the Governor shall immediately confirm such payments to the Sec- retary, 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 pay- ments 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 meas- ures 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 incen- tives 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 inde- pendent 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 subse- quent modifications, to the House Committee on Resources, the House Committee on Appropriations Subcommittee on the Department of the Interior and Related Agencies, the Senate
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00199 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–163PUBLIC LAW 106–113—APPENDIX C
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 sub- section, 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 sub- section.
(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 trans- ferred by the Secretary directly to ASG. If the amount of unused
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00200 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–164 PUBLIC LAW 106–113—APPENDIX C
loan proceeds exceeds $1,000,000, then such amount shall be cred- ited 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 inac- curate 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, overlap- ping 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 wet- lands 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. Notwith- standing 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 avail- able for the acquisition of land in the Ottawa National Wildlife Refuge;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00201 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–165PUBLIC LAW 106–113—APPENDIX C
(2) $302,000 shall be derived by transfer and made avail- able for the Dayton Aviation Heritage Commission, Ohio; and
(3) $198,000 shall be derived by transfer and made avail- able for a grant to the State of Ohio for the preservation and restoration of the birthplace, boyhood home, and school- house of Ulysses S. Grant. SEC. 132. CONVEYANCE TO NYE COUNTY, NEVADA. (a) DEFINI-
TIONS.—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 appro- priate for the conveyance of land for educational facilities under the Act of June 14, 1926 (43 U.S.C. 869 et seq.) and in accord- ance 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 Govern- mental 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00202 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–166 PUBLIC LAW 106–113—APPENDIX C
(B) E 1⁄2 W 1⁄2 NW 1⁄4. (C) The portion of the E 1⁄2 SW 1⁄4 north of United
States Route 95. (D) The portion of the E 1⁄2 W 1⁄2 SW 1⁄4 north of
United States Route 95. (E) The portion of the SE 1⁄4 north of United States
Route 95. (3) USE OF PROCEEDS.—Proceeds of a sale of a parcel
described in paragraph (2)— (A) shall be deposited in the special account established
under section 4(e)(1)(C) of the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2345); and
(B) shall be available for use by the Secretary— (i) to reimburse costs incurred by the local offices
of the Bureau of Land Management in arranging the land conveyances directed by this Act; and
(ii) as provided in section 4(e)(3) of that Act (112 Stat. 2346).
SEC. 133. CONVEYANCE OF LAND TO CITY OF MESQUITE, NEVADA. Section 3 of Public Law 99–548 (100 Stat. 3061; 110 Stat. 3009– 202) is amended by adding at the end the following:
‘‘(e) FIFTH AREA.— ‘‘(1) RIGHT TO PURCHASE.—
‘‘(A) IN GENERAL.—For a period of 12 years after the date of the enactment of this Act, the City of Mesquite, Nevada, subject to all appropriate environmental reviews, including compliance with the National Environmental Policy Act and the Endangered Species Act, shall have the exclusive right to purchase the parcels of public land described in paragraph (2).
‘‘(B) APPLICABILITY.—Subparagraph (A) shall apply to a parcel of land described in paragraph (2) that has not been identified for disposal in the 1998 Bureau of Land Management Las Vegas Resource Management Plan only if the conveyance is made under subsection (f ). ‘‘(2) LAND DESCRIPTION.—The parcels of public land referred
to in paragraph (1) are as follows: ‘‘(A) In T. 13 S., R. 70 E., Mount Diablo Meridian,
Nevada: ‘‘(i) The portion of sec. 27 north of Interstate Route
15. ‘‘(ii) Sec. 28: NE 1⁄4, S 1⁄2 (except the Interstate
Route 15 right-of-way). ‘‘(iii) Sec. 29: E 1⁄2 NE 1⁄4 SE 1⁄4, SE 1⁄4 SE 1⁄4. ‘‘(iv) The portion of sec. 30 south of Interstate
Route 15. ‘‘(v) The portion of sec. 31 south of Interstate Route
15. ‘‘(vi) Sec. 32: NE 1⁄4 NE 1⁄4 (except the Interstate
Route 15 right-of-way), the portion of NW 1⁄4 NE 1⁄4 south of Interstate Route 15, and the portion of W 1⁄2 south of Interstate Route 15.
‘‘(vii) The portion of sec. 33 north of Interstate Route 15. ‘‘(B) In T. 13 S., R. 69 E., Mount Diablo Meridian,
Nevada:
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00203 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–167PUBLIC LAW 106–113—APPENDIX C
‘‘(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 para- graph (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 para- graph (2) are withdrawn from all forms of entry and appropria- tion 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 estab- lished 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 appro- priate 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00204 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–168 PUBLIC LAW 106–113—APPENDIX C
‘‘(iv) The portion of sec. 31 south of Interstate Route 15.
‘‘(v) Sec. 32. ‘‘(vi) Sec. 33: W 1⁄2.
‘‘(B) In T. 14 S., R. 69 E., Mount Diablo Meridian, Nevada:
‘‘(i) Sec. 4. ‘‘(ii) Sec. 5. ‘‘(iii) Sec. 6. ‘‘(iv) Sec. 8.
‘‘(C) In T. 14 S., R. 68 E., Mount Diablo Meridian, Nevada:
‘‘(i) Sec. 1. ‘‘(ii) Sec. 12.
‘‘(3) WITHDRAWAL.—Subject to valid existing rights, until the date that is 12 years after the date of the enactment of this subsection, the parcels of public land described in para- graph (2) are withdrawn from all forms of entry and appropria- tion 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 James- town 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 hon- oring 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 facili- ties 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;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00205 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–169PUBLIC LAW 106–113—APPENDIX C
(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 Conven- tion 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 rec- ommendations 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 volun- tarily 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 Govern- ment 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 Govern- ment 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00206 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–170 PUBLIC LAW 106–113—APPENDIX C
(3) The Secretary may, at the request of the head of an executive branch agency, waive the repayment under paragraph (2) if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
(4) In addition to any other payment which is required to be made under subchapter III of chapter 83 of title 5, United States Code, the Bureau of Indian Affairs shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee of the Bureau of Indian Affairs to whom a voluntary separation incentive payment has been or is to be paid under the provisions of this section. (c) Employees of the Bureau of Indian Affairs, in Central Office
West divisions that are moved due to the implementation of the National Academy of Public Administration recommendations and who are entitled to severance pay under 5 U.S.C. 5595, may apply for, and the Bureau of Indian Affairs may pay, the total amount of severance pay to the employee in a lump sum. Employees paid severance pay in a lump sum and subsequently reemployed by the Federal Government shall be subject to the repayment provi- sions 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 settle- ment 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 con- veying the Twin Cities Research Center under the authority pro- vided 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00207 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–171PUBLIC LAW 106–113—APPENDIX C
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 require- ments.
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 sec- tion 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 Omni- bus Management Act of 1998 (16 U.S.C. 5961) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Notwith- standing’’; and
(2) by adding at the end the following: ‘‘(b) OBLIGATION OF FUNDS.—Notwithstanding any other provi-
sion of law, with respect to a service contract for the provision solely of transportation services at Zion National Park, the Sec- retary 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’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00208 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–172 PUBLIC LAW 106–113—APPENDIX C
TITLE II—RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland research as authorized by law, $202,700,000, to remain available until expended.
STATE AND PRIVATE FORESTRY
For necessary expenses of cooperating with and providing tech- nical 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 utiliza- tion 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 justifica- tion.
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 pre- viously transferred for such purposes: Provided further, That not less than 50 percent of any unobligated balances remaining (exclu- sive 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00209 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–173PUBLIC LAW 106–113—APPENDIX C
Research appropriation, are also available in the utilization of these funds for Fire Science Research.
For an additional amount to cover necessary expenses for emer- gency rehabilitation, presuppression due to emergencies, and wild- fire 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 Def- icit 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 decommis- sioning of roads, including unauthorized roads not part of the transportation system, which are no longer needed: Provided fur- ther, 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 Mainte- nance’’ 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 acquisi- tion 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,
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00210 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–174 PUBLIC LAW 106–113—APPENDIX C
and the Committees on Appropriations of the House and Senate: Provided, That subject to valid existing rights, all federally-owned lands and interests in lands within the New World Mining District comprising approximately 26,223 acres, more or less, which are described in a Federal Register notice dated August 19, 1997 (62 Fed. Reg. 44136–44137), are hereby withdrawn from all forms of entry, appropriation, and disposal under the public land laws, and from location, entry and patent under the mining laws, and from disposition under all mineral and geothermal leasing laws.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland National Forests, California, as authorized by law, $1,069,000, to be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from funds deposited by State, county, or municipal governments, public school districts, or other public school authorities pursuant to the Act of December 4, 1967, as amended (16 U.S.C. 484a), to remain available until expended.
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection, and improvement, 50 percent of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National Forests in the 16 Western States, pursuant to section 401(b)(1) of Public Law 94–579, as amended, to remain available until expended, of which not to exceed 6 percent shall be available for administrative expenses associated with on-the-ground range rehabilitation, protection, and improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain available until expended, to be derived from the fund estab- lished 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 enforce- ment purposes and of which 109 shall be for replacement; acquisi- tion 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 provi- sions 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00211 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–175PUBLIC LAW 106–113—APPENDIX C
2225, and not to exceed $100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (4) acquisition of land, waters, and interests therein, pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as authorized by 5 U.S.C. 5901–5902; and (7) for debt collection contracts in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be obligated or expended to abolish any region, to move or close any regional office for National Forest System administration of the Forest Service, Department of Agriculture without the consent of the House and Senate Committees on Appropriations.
Any appropriations or funds available to the Forest Service may be transferred to the Wildland Fire Management appropriation for forest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction, and fire prepared- ness 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 Develop- ment 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, edu- cation and training, and cooperation with United States and inter- national 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 proce- dures 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 represen- tation 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 manage- ment in hardwood stands in the Shawnee National Forest, Illinois.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00212 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–176 PUBLIC LAW 106–113—APPENDIX C
Pursuant to sections 405(b) and 410(b) of Public Law 101– 593, of the funds available to the Forest Service, up to $2,250,000 may be advanced in a lump sum as Federal financial assistance to the National Forest Foundation, without regard to when the Foundation incurs expenses, for administrative expenses or projects on or benefitting National Forest System lands or related to Forest Service programs: Provided, That of the Federal funds made avail- able 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 avail- able 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 invest- ments 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: Pro- vided, 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 Wash- ington 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00213 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–177PUBLIC LAW 106–113—APPENDIX C
The Secretary of Agriculture is authorized to enter into grants, contracts, and cooperative agreements as appropriate with the Pin- chot Institute for Conservation, as well as with public and other private agencies, organizations, institutions, and individuals, to pro- vide for the development, administration, maintenance, or restora- tion 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, institu- tion, 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 commu- nities 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 Gate- way 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 Gate- way 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 Gate- way 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 mat- ters. 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00214 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–178 PUBLIC LAW 106–113—APPENDIX C
No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act to any other agency or office of the department for more than 30 days unless the individual’s employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment.
The Forest Service shall fund overhead, national commitments, indirect expenses, and any other category for use of funds which are expended at any units, that are not directly related to the accomplishment of specific work on-the-ground (referred to as ‘‘indirect expenditures’’), from funds available to the Forest Service, unless otherwise prohibited by law: Provided, That the Forest Service shall implement and adhere to the definitions of indirect expenditures established pursuant to Public Law 105–277 on a nationwide basis without flexibility for modification by any organizational level except the Washington Office, and when changed by the Washington Office, such changes in definition shall be reported in budget requests submitted by the Forest Service: Provided further, That the Forest Service shall provide in all future budget justifications, planned indirect expenditures in accordance with the definitions, summarized and displayed to the Regional, Station, Area, and detached unit office level. The justification shall display the estimated source and amount of indirect expenditures, by expanded budget line item, of funds in the agency’s annual budget justification. The display shall include appropriated funds and the Knutson-Vandenberg, Brush Disposal, Cooperative 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00215 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–179PUBLIC LAW 106–113—APPENDIX C
1, 2000: Provided, That funds made available in previous appropria- tions 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 investiga- tions 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 pay- ment 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00216 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–180 PUBLIC LAW 106–113—APPENDIX C
ENERGY CONSERVATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out energy conservation activities, $745,242,000, to remain available until expended, of which $25,000,000 shall be derived by transfer from unobligated balances in the Biomass Energy Development account: Provided, That $168,500,000 shall be for use in energy conservation programs as defined in section 3008(3) of Public Law 99–509 (15 U.S.C. 4507): Provided further, That notwithstanding section 3003(d)(2) of Public Law 99–509, such sums shall be allocated to the eligible programs as follows: $135,000,000 for weatherization assistance grants and $33,500,000 for State energy conservation grants: Pro- vided further, That, notwithstanding any other provision of law, in fiscal year 2001 and thereafter sums appropriated for weatheriza- tion 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 avail- able 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 secu- rity 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00217 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–181PUBLIC LAW 106–113—APPENDIX C
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, equip- ment, 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 con- tracts or agreements: Provided further, That the remainder of reve- nues 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 Sec- retary 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 Depart- ment 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 Sec- retary may accept fees and contributions from public and private sources, to be deposited in a contributed funds account, and pros- ecute 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00218 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–182 PUBLIC LAW 106–113—APPENDIX C
Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of the grant or contract award and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further, That $12,000,000 shall remain available until expended, for the Indian Catastrophic Health Emergency Fund: Provided fur- ther, 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 scholar- ship programs under the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain available for obligation until Sep- tember 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-govern- ance 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 equip- ment 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 commu- nity 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 environ- mental 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 appro- priated for the planning, design, construction or renovation of health
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00219 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–183PUBLIC LAW 106–113—APPENDIX C
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, Okla- homa.
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 equip- ment; 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 author- ized 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 Improve- ment 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 fur- ther, That notwithstanding any other law or regulation, funds trans- ferred 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 transpor- tation: Provided further, That notwithstanding any other provision of law, funds previously or herein made available to a tribe or
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00220 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–184 PUBLIC LAW 106–113—APPENDIX C
tribal organization through a contract, grant, or agreement author- ized 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 organiza- tion 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 trans- ferred by the Indian Health Service to tribes or tribal organizations, the Indian Health Service is authorized to provide goods and serv- ices 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 assist- ance: 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00221 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–185PUBLIC LAW 106–113—APPENDIX C
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 perform- ances; 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 Sup- port Center equipment and move, exhibition reinstallation, the National Museum of the American Indian, the repatriation of skel- etal remains program, research equipment, information manage- ment, 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 presen- tations: 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 fur- ther, 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00222 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–186 PUBLIC LAW 106–113—APPENDIX C
REPAIR, REHABILITATION AND ALTERATION OF FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of repair, rehabilitation and alteration of facilities owned or occupied by the Smithsonian Institution, by contract or otherwise, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), including not to exceed $10,000 for services as authorized by 5 U.S.C. 3109, $47,900,000, to remain available until expended, of which $6,000,000 is provided for repair, rehabilitation and alteration of facilities at the National Zoological Park: Provided, That contracts awarded for environmental systems, protection systems, and repair or rehabilitation of facilities of the Smithsonian Institution may be negotiated with selected contractors and awarded on the basis of contractor qualifications as well as price: Provided further, That funds previously appropriated to the ‘‘Construction and Improvements, National Zoological Park’’ account and the ‘‘Repair and Restoration of Buildings’’ account may be transferred to and merged with this ‘‘Repair, Rehabilitation and Alteration of Facilities’’ account.
CONSTRUCTION
For necessary expenses for construction, $19,000,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS, SMITHSONIAN INSTITUTION
None of the funds in this or any other Act may be used to initiate the design for any proposed expansion of current space or new facility without consultation with the House and Senate Appropriations Committees.
The Smithsonian Institution shall not use Federal funds in excess of the amount specified in Public Law 101–185 for the construction of the National Museum of the American Indian.
None of the funds in this or any other Act may be used for the Holt House located at the National Zoological Park in Washington, D.C., unless identified as repairs to minimize water damage, monitor structure movement, or provide interim structural support.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administra- tive 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 mem- bership in library, museum, and art associations or societies whose publications or services are available to members only, or to mem- bers 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,
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00223 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–187PUBLIC LAW 106–113—APPENDIX C
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 Gal- lery 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00224 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–188 PUBLIC LAW 106–113—APPENDIX C
MATCHING GRANTS
To carry out the provisions of section 10(a)(2) of the National Foundation on the Arts and the Humanities Act of 1965, as amended, $13,000,000, to remain available until expended, to the National Endowment for the Arts: Provided, That this appropriation shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the chairman or by grantees of the Endowment under the provisions of section 10(a)(2), sub- sections 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 appro- priated.
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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00225 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–189PUBLIC LAW 106–113—APPENDIX C
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 Commis- sion 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 with- out 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: Pro- vided, 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 guaran- teed 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00226 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–190 PUBLIC LAW 106–113—APPENDIX C
1974: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $200,000,000. The Trust is authorized to issue obligations to the Secretary of the Treasury pursuant to section 104(d)(3) of the Act, in an amount not to exceed $20,000,000.
TITLE III—GENERAL PROVISIONS
SEC. 301. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursu- ant 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 depart- ment 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 PROD- UCTS.—In the case of any equipment or product that may be authorized to be purchased with financial assistance pro- vided 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,
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00227 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–191PUBLIC LAW 106–113—APPENDIX C
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 inten- tionally 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 Regula- tions.
(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 appro- priated 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 Sec- retary 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00228 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–192 PUBLIC LAW 106–113—APPENDIX C
(c) REPORT.—On September 30, 2000, the Secretary of the Interior shall file with the House and Senate Committees on Appro- priations and the Committee on Resources of the House of Rep- resentatives 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 examina- tion of the mining claims or mill sites contained in a patent applica- tion 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 con- tracts, 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 author- ized 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 individ- uals 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 con- struct a visitor center or any other permanent structure without prior approval of the House and the Senate Committees on Appro- priations if the estimated total cost of the facility exceeds $500,000.
SEC. 316. All interests created under leases, concessions, per- mits and other agreements associated with the properties adminis- tered 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 Sea- shore 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00229 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–193PUBLIC LAW 106–113—APPENDIX C
SEC. 318. Of the funds provided to the National Endowment for the Arts—
(1) The Chairperson shall only award a grant to an indi- vidual if such grant is awarded to such individual for a lit- erature 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 Endow- ment 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 Endow- ment for the Humanities, shall be paid by the donor or the rep- resentative 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 assist- ance under the National Foundation on the Arts and the Human- ities 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00230 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–194 PUBLIC LAW 106–113—APPENDIX C
(d) With funds appropriated by this Act to carry out section 5 of the National Foundation on the Arts and Humanities Act of 1965—
(1) the Chairperson shall establish a grant category for projects, productions, workshops, or programs that are of national impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually and by State, on grants awarded by the Chairperson in each grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to improve and support community-based music performance and education. SEC. 321. No part of any appropriation contained in this Act
shall be expended or obligated to fund new revisions of national forest land management plans until new final or interim final rules for forest land management planning are published in the Federal Register. Those national forests which are currently in a revision process, having formally published a Notice of Intent to revise prior to October 1, 1997; those national forests having been court-ordered to revise; those national forests where plans reach the 15 year legally mandated date to revise before or during calendar year 2001; national forests within the Interior Columbia Basin Ecosystem study area; and the White Mountain National Forest are exempt from this section and may use funds in this Act and proceed to complete the forest plan revision in accordance with current forest planning regulations.
SEC. 322. No part of any appropriation contained in this Act shall be expended or obligated to complete and issue the 5-year program under the Forest and Rangeland Renewable Resources Planning Act.
SEC. 323. None of the funds in this Act may be used to support Government-wide administrative functions unless such functions are justified in the budget process and funding is approved by the House and Senate Committees on Appropriations.
SEC. 324. Notwithstanding any other provision of law, none of the funds in this Act may be used for GSA Telecommunication Centers or the President’s Council on Sustainable Development.
SEC. 325. None of the funds in this Act may be used for planning, design or construction of improvements to Pennsylvania Avenue in front of the White House without the advance approval of the House and Senate Committees on Appropriations.
SEC. 326. (a) SHORT TITLE.—This section may be cited as the ‘‘National Park Service Studies Act of 1999’’.
(b) AUTHORIZATION OF STUDIES.— (1) IN GENERAL.—The Secretary of the Interior (‘‘the Sec-
retary’’) 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 accord- ance with section 8 of Public Law 91–383, as amended by
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00231 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–195PUBLIC LAW 106–113—APPENDIX C
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 empha- size 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 certifi- cation of consistency shall be submitted to the House and Senate Committees on Appropriations prior to refuge establishment.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00232 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–196 PUBLIC LAW 106–113—APPENDIX C
SEC. 329. None of the funds provided in this or previous appro- priations 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 Com- mittee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives that evalu- ates 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 statu- tory 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 applica- tions 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 under- taken in connection with such authorizations. Amounts in the spe- cial account shall remain available for such purposes until expended.
(d) REPORTING REQUIREMENT.—In the budget justification docu- ments 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00233 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–197PUBLIC LAW 106–113—APPENDIX C
(e) DEFINITION OF AUTHORIZATION.—For purposes of this sec- tion, 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 ‘‘Sec- retary’’) 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 organiza- tional 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 appro- priated 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00234 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–198 PUBLIC LAW 106–113—APPENDIX C
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 proc- essors 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 credit- worthy 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00235 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–199PUBLIC LAW 106–113—APPENDIX C
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 Cli- mate 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 pursu- ant 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 dis- approval 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 Depart- ment 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 BOTAN- ICAL PRODUCT.—For purposes of this section, the term ‘‘forest botan- ical 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 pro- gram 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00236 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–200 PUBLIC LAW 106–113—APPENDIX C
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 moni- toring 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 botan- ical 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 appropria- tion, 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, moni- toring and assessing the impacts of harvest levels and methods, and for restoration activities, including any nec- essary vegetation; and
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00237 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–201PUBLIC LAW 106–113—APPENDIX C
(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 sub-
sections (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 gen- erated 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 appro-
priate,’’ before ‘‘may enter into’’; and (B) by striking ‘‘(28) contracts with private persons
and’’ and inserting ‘‘(28) stewardship contracting dem- onstration pilot projects with private persons or other public or private’’;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00238 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–202 PUBLIC LAW 106–113—APPENDIX C
(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 agree- ment 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 Commis- sion shall be deemed to be a reference to the John H. Chafee Blackstone River Valley National Heritage Corridor Commis- sion. (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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00239 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–203PUBLIC LAW 106–113—APPENDIX C
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 Appro- priations 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 initi- ating 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 authoriza- tion 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 relation- ship 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 Demonstra- tion 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 Eco- nomic 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00240 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–204 PUBLIC LAW 106–113—APPENDIX C
(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 Diver- sification 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 sec-
tion 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 COMMU- NITIES.—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: Town- ship 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., Town- ship 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 consumma- tion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00241 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–205PUBLIC LAW 106–113—APPENDIX C
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 accept- able title to Township 22 North, Range 11 East, Section 3, W.M., Township 22 North, Range 11 East, Section 19, W.M., Township 21 North, Range 12 East, Section 15, W.M., Township 21 North, Range 12 East, Section 23, W.M., Township 21 North, Range 12 East, Section 25, W.M., Township 19 North, Range 13 East, Section 7, W.M., Township 19 North, Range 15 East, Section 31, W.M., and Township 19 North, Range 14 East, Section 25, W.M.’’.
(e) Section 604(b) is further amended by inserting the following before the colon: ‘‘except Township 19 North, Range 10 East, W.M., Section 4, Township 20 North, Range 10 East, W.M., Section 32, and Township 21 North, Range 14 East, W.M., W1⁄2W1⁄2 of Section 16, Township 12 North, Range 7 East, Sections 4 and 5, W.M., Township 13 North, Range 7 East, Sections 32 and 33, W.M., Township 8 North, Range 4 East, Section 17 and the S1⁄2 of 16, W.M., which shall be retained by the United States’’. The Appraisal shall be adjusted by subtracting the values determined for Township 19 North, Range 10 East, W.M., Section 4, Township 20 North, Range 10 East, W.M., Section 32, Township 12 North, Range 7 East, Sections 4 and 5, W.M., Township 13 North, Range 7 East, Sections 32 and 33, W.M., Township 8 North, Range 4 East, Section 17 and the S1⁄2 of Section 16, W.M. during the Appraisal process in the context of the whole estate to be conveyed.
(f ) After adjustment of the Appraisal, the values of the offered and selected lands, including the offered lands held in escrow, shall be equalized as follows:
(1) the appraised value of the offered lands, as such lands and appraised value have been adjusted hereby, minus the appraised value of the offered lands to be placed into escrow, shall be compared to the appraised value of the selected lands, as such lands and appraised value have been adjusted hereby, and the Secretary shall equalize such values by the payment of cash to Plum Creek at the time that deeds are exchanged, such cash to come from currently appropriated funds, or, if necessary, by reprogramming; and
(2) the Secretary shall compensate Plum Creek for the lands placed into escrow, based upon the values determined
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00242 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–206 PUBLIC LAW 106–113—APPENDIX C
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 jurisdic- tion 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 adjust- ments 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00243 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–207PUBLIC LAW 106–113—APPENDIX C
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 con- tradicts 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 Restora- tion 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/
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00244 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–208 PUBLIC LAW 106–113—APPENDIX C
Desert Storm’’ Act of 1992 (Public Law 102–229; 42 U.S.C. 1474b note) that amounts received by the United States and designated by the trustees for the expenditure by or through a Federal agency must be deposited into the Fund.
(5) All remaining settlement funds are eligible for the invest- ment 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 pursu- ant to an agreement between the Trustee Council and Koniag, Inc., which includes those lands which are pres- ently subject to the Koniag Non-Development Easement, including, but not limited to, the continuation or modifica- tion 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, con- sisting 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 commu- nities of the EVOS Region or the fishing industry), con- sistent 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 Sep- tember 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 PARTNER- SHIPS. (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 conserva- tion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00245 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–209PUBLIC LAW 106–113—APPENDIX C
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 part- nership 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 subse- quent 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 activi- ties 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,
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00246 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–210 PUBLIC LAW 106–113—APPENDIX C
the Bureau of Land Management and the Forest Service may estab- lish 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 Develop- ment 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 sub-
sections: ‘‘(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 sub- section (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 Agree-
ment described in section 405(a). (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture. (3) STATE.—The term ‘‘State’’ means the State of Mis-
sissippi. (4) UNIVERSITY.—The term ‘‘University’’ means the Univer-
sity of Mississippi. (5) UNIVERSITY LAND.—The term ‘‘University land’’ means
land described in section 404(a).
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00247 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–211PUBLIC LAW 106–113—APPENDIX C
SEC. 403. CONVEYANCE OF ADMINISTRATIVE SITES AND SMALL PAR- CELS.
(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 Town- ship 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 speci- fications 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00248 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–212 PUBLIC LAW 106–113—APPENDIX C
(2) REJECTION OF OFFERS.—The Secretary may reject any offer made under this section if the Secretary determines that the offer is not adequate or not in the public interest. (f ) DEPOSIT OF PROCEEDS.—The Secretary shall deposit the
proceeds of a sale or exchange under subsection (a) in the fund established under Public Law 90–171 (16 U.S.C. 484a) (commonly known as the ‘‘Sisk Act’’).
(g) USE OF PROCEEDS.—Funds deposited under subsection (f ) shall be available until expended for—
(1) the construction of a research laboratory and office facility at the Forest Service administrative site located at the Mississippi State University at Starkville, Mississippi;
(2) the acquisition, construction, or improvement of administrative facilities in connection with units of the National Forest System in the State; and
(3) the acquisition of land and interests in land for units of the National Forest System in the State.
SEC. 404. DE SOTO NATIONAL FOREST ADDITION.
(a) ACQUISITION.—The Secretary may acquire for fair market value all right, title, and interest in land owned by the University of Mississippi within or near the boundaries of the De Soto National Forest in Stone, George, and Jackson Counties, Mississippi, com- prising 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00249 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–213PUBLIC LAW 106–113—APPENDIX C
Soto National Forest on the date of the enactment of this Act, until the plan is revised in accordance with the regu- larly 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 Agree- ment.
(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 Agree- ment 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 Agree- ment. (d) CORRECTION OF DESCRIPTIONS.—The Secretary and the Sec-
retary of State of the State may, by joint modification of the Agree- ment, 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 rep- resentative 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00250 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–214 PUBLIC LAW 106–113—APPENDIX C
(c) PARTIAL DISTRIBUTION.—Any funds received by the United States from land conveyances authorized under this Act shall not be subject to partial distribution to the State under—
(1) the Act entitled ‘‘An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and nine’’, approved May 23, 1908 (35 Stat. 260, chapter 192; 16 U.S.C. 500);
(2) section 13 of the Act of March 1, 1911 (36 Stat. 963, chapter 186; 16 U.S.C. 500); or
(3) any other law.
SEC. 407. PHOTOGRAPHIC REPRODUCTIONS AND MAPS.
Section 387 of the Act of February 16, 1938 (7 U.S.C. 1387) is amended in the first sentence—
(1) by striking ‘‘such’’ the first place it appears and inserting ‘‘information such as geo-referenced data from all sources,’’;
(2) by striking ‘‘(not less than estimated cost of furnishing such reproductions)’’; and
(3) by inserting after ‘‘determine’’ the following: ‘‘(but not less than the estimated costs of data processing, updating, revising, reformatting, repackaging and furnishing the repro- ductions 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 pursu- ant 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 agree- ments, 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 avail- able 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00251 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–215PUBLIC LAW 106–113—APPENDIX C
‘‘Forest Service, Land Acquisition’’, and $5,000,000 shall be avail- able 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, notwith- standing 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 assist- ance 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 Appro- priations 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’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00252 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00253 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–217PUBLIC LAW 106–113—APPENDIX D
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 Home- less Assistance Act; the Women in Apprenticeship and Nontradi- tional 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 opportuni- ties 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 Invest- ment 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00254 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–218 PUBLIC LAW 106–113—APPENDIX D
section 171 of the Workforce Investment Act of 1998 that are identified in the Conference Agreement, shall not be subject to the requirements of section 171(b)(2)(B) of such Act, the require- ments 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 distrib- uted 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 reimburse- ments, 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 subse- quently 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 adminis- trative 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00255 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–219PUBLIC LAW 106–113—APPENDIX D
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 avail- able 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 obliga- tion 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 unemploy- ment 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 pro- jected 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 auto- mation 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 Unemploy- ment Trust Fund as authorized by section 8509 of title 5, United States Code, and to the ‘‘Federal unemployment benefits and allow- ances’’ 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 pro- grams, $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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00256 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–220 PUBLIC LAW 106–113—APPENDIX D
may be expended from the Employment Security Administration account in the Unemployment Trust Fund.
PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Pension and Welfare Benefits Administration, $99,000,000.
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is authorized to make such expenditures, including financial assistance authorized by section 104 of Public Law 96–364, within limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as may be necessary in carrying out the program through September 30, 2000, for such Corporation: Provided, That not to exceed $11,155,000 shall be available for administrative expenses of the Corporation: Provided further, That expenses of such Corpora- tion 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 proc- essing applications and issuing registrations under title I of the
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00257 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–221PUBLIC LAW 106–113—APPENDIX D
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 Sec- retary 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 Sep- tember 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00258 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–222 PUBLIC LAW 106–113—APPENDIX D
section 9501(c)(2) of that Act, and of which $28,676,000 shall be available for transfer to Employment Standards Administration, Salaries and Expenses, $20,783,000 for transfer to Departmental Management, Salaries and Expenses, $312,000 for transfer to Departmental Management, Office of Inspector General, and $356,000 for payment into miscellaneous receipts for the expenses of the Department of Treasury, for expenses of operation and administration of the Black Lung Benefits program as authorized by section 9501(d)(5) of that Act: Provided, That, in addition, such amounts as may be necessary may be charged to the subsequent year appropriation for the payment of compensation, interest, or other benefits for any period subsequent to August 15 of the current year.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health Administration, $382,000,000, including not to exceed $82,000,000 which shall be the maximum amount available for grants to States under section 23(g) of the Occupational Safety and Health Act, which grants shall be no less than 50 percent of the costs of State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health Administration may retain up to $750,000 per fiscal year of training institute course tuition fees, otherwise authorized by law to be collected, and may utilize such sums for occupational safety and health training and education grants: Provided, That, notwithstanding 31 U.S.C. 3302, the Secretary of Labor is author- ized, 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, admin- ister, 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 Occupa- tional 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;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00259 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–223PUBLIC LAW 106–113—APPENDIX D
(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 viola- tions 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 author- ized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in coopera- tion 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00260 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–224 PUBLIC LAW 106–113—APPENDIX D
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for Departmental Management, including the hire of three sedans, and including up to $7,250,000 for the President’s Committee on Employment of People With Disabilities, and including the management or operation of Depart- mental 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: Pro- vided 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 Employ- ment 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 indi- vidual, either as direct costs or any proration as an indirect cost, at a rate in excess of Executive Level II.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00261 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–225PUBLIC LAW 106–113—APPENDIX D
(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 trans- ferred 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 Appropria- tions 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 per- sonal services contracting to employ professional management/ administrative and occupational health professionals: Provided fur- ther, 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00262 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–226 PUBLIC LAW 106–113—APPENDIX D
further, That amounts provided to said projects under such title shall not be expended for abortions, that all pregnancy counseling shall be nondirective, and that such amounts shall not be expended for any activity (including the publication or distribution of lit- erature) that in any way tends to promote public support or opposi- tion to any legislative proposal or candidate for public office: Pro- vided 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 fur- ther, 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00263 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–227PUBLIC LAW 106–113—APPENDIX D
Act and section 501 of the Refugee Education Assistance Act of 1980; including insurance of official motor vehicles in foreign coun- tries; 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 facili- ties, 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 Dis- ease 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 not- withstanding 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 avail- able 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00264 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–228 PUBLIC LAW 106–113—APPENDIX D
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES
For carrying out section 301 and title IV of the Public Health Service Act with respect to diabetes and digestive and kidney dis- ease, $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 dis- orders, $265,185,000.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00265 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–229PUBLIC LAW 106–113—APPENDIX D
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 Inter- national 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 con- structed 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 medi- cine, $68,753,000.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00266 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–230 PUBLIC LAW 106–113—APPENDIX D
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of the Director, National Institutes of Health, $283,509,000, of which $44,953,000 shall be for the Office of AIDS Research: Provided, That funding shall be available for the purchase of not to exceed 29 passenger motor vehicles for replacement only: Provided further, That the Director may direct up to 1 percent of the total amount made available in this or any other Act to all National Institutes of Health appropriations to activities the Director may so designate: Provided further, That no such appropriation shall be decreased by more than 1 percent by any such transfers and that the Congress is promptly notified of the transfer: Provided further, That the National Institutes of Health is authorized to collect third party payments for the cost of clinical services that are incurred in National Institutes of Health research facilities and that such pay- ments shall be credited to the National Institutes of Health Manage- ment 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00267 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–231PUBLIC LAW 106–113—APPENDIX D
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 author- ized 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 author- ized 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 avail- able 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: Pro- vided further, That $3,000,000 of the amount available for research, demonstration, and evaluation activities shall be awarded to an
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00268 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–232 PUBLIC LAW 106–113—APPENDIX D
application from the University of Pennsylvania Medical Center, the University of Louisville Sciences Center, and St. Vincent’s Hos- pital in Montana to conduct a demonstration to reduce hospitaliza- tions among high-risk patients with congestive heart failure: Pro- vided 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, dem- onstration, 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 unin- sured workers: Provided further, That $500,000 of the amount avail- able for research, demonstration, and evaluation activities shall be awarded to the Baystate Medical Center in Springfield, Massachusetts for the Partners for a Healthier Community child- hood 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 Sec- retary 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00269 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–233PUBLIC LAW 106–113—APPENDIX D
For making payments to each State for carrying out the pro- gram 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 expendi- tures under such title IV–A in fiscal year 1997 under this appropria- tion and under such title IV–A as amended by the Personal Respon- sibility 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 obliga- tion 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 Emer- gency 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 Reconcili- ation 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 activi- ties 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00270 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–234 PUBLIC LAW 106–113—APPENDIX D
For carrying out section 5 of the Torture Victims Relief Act of 1998 (Public Law 105–320), $7,500,000.
The $426,505,000 provided under this heading is hereby des- ignated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Def- icit 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 Preven- tion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00271 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–235PUBLIC LAW 106–113—APPENDIX D
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 expendi- ture 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 emer- gency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided fur- ther, That such funds shall be available only if the President sub- mits 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00272 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–236 PUBLIC LAW 106–113—APPENDIX D
ADMINISTRATION ON AGING
AGING SERVICES PROGRAMS
For carrying out, to the extent not otherwise provided, the Older Americans Act of 1965, as amended, and section 398 of the Public Health Service Act, $934,285,000: Provided, That not- withstanding 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 max- imum flexibility to applicants who seek to take into account subsist- ence, local customs, and other characteristics that are appropriate to the unique cultural, regional, and geographic needs of the Amer- ican 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 Occupa- tional 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 sec- tion 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00273 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–237PUBLIC LAW 106–113—APPENDIX D
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 trans- ferred 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 Sur- vivor 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 coun- tering potential biological, disease and chemical threats to civilian populations, $214,600,000: Provided, That this amount is distrib- uted 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 Bio- defense; 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 mal- nutrition 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00274 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–238 PUBLIC LAW 106–113—APPENDIX D
support the Ricky Ray Hemophilia Relief Fund Act of 1998: Pro- vided further, That notwithstanding any other provision of law, up to $10,000,000 of the amount provided for the Ricky Ray Hemo- philia 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 Emer- gency 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 oper- ating 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 assign- ment 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 Emer- gency 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 Revitaliza- tion 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 Appro- priations 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00275 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–239PUBLIC LAW 106–113—APPENDIX D
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: Pro- vided, 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 allot- ment 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00276 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–240 PUBLIC LAW 106–113—APPENDIX D
2000 is less than the amount appropriated in fiscal year 1999, then the amount of a State’s allotment under section 1921 shall be equal to the amount that the State received under section 1921 in fiscal year 1999 decreased by the percentage by which the amount appropriated for fiscal year 2000 is less than the amount appropriated for such section for fiscal year 1999.’’.
SEC. 213. Notwithstanding any other provision of law, no pro- vider 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 ‘‘Sep- tember 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 Competi- tive 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 Sep- tember 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 Sep- tember 29, 2000. Such funds delayed by this section shall be avail- able for obligation until October 15, 2000.
SEC. 217. STUDY AND REPORT ON THE GEOGRAPHIC ADJUSTMENT FACTORS UNDER THE MEDICARE PROGRAM. (a) STUDY.—The Sec- retary 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 para- graph (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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00277 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–241PUBLIC LAW 106–113—APPENDIX D
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 compli- ance 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 preven- tion programs and for compliance activities described in such sub- section 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00278 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–242 PUBLIC LAW 106–113—APPENDIX D
for expenditure without fiscal year limitation to fulfill the purpose of the award.
SEC. 221. Not later than January 15, 2000, the Secretary of Health and Human Services shall transfer $20,000,000 from the appropriation in this Act for ‘‘National Institutes of Health— National Institute of Allergy and Infectious Diseases’’ to the appro- priation in this Act for ‘‘Centers for Disease Control and Preven- tion—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 Sec- retary 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 Tech- nology 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00279 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–243PUBLIC LAW 106–113—APPENDIX D
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, Pennsyl- vania for a model education technology training program, $500,000 shall be awarded to the University of Alaska-Fairbanks, in Fair- banks, 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 partner- ship to demonstrate the effective use of technology in grades 1– 3, $235,000 shall be for the Louisville Deaf Oral School for tech- nology enhancements: Provided further, That in the State of Ala- bama $50,000 shall be awarded to the Bibb County Board of Edu- cation for technology enhancements, $50,000 shall be awarded to the Calhoun County Board of Education for technology enhance- ments, $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 tech- nology 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 Ran- dolph 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 Alex- ander 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 cur- riculum 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00280 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–244 PUBLIC LAW 106–113—APPENDIX D
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 part- nership 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 notwith- standing 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 fur- ther, That of the funds made available for title X, part I of the Elementary and Secondary Education Act of 1965 and notwith- standing 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 Founda- tion, 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 Inter- mediate 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,
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00281 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–245PUBLIC LAW 106–113—APPENDIX D
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 Independ- ence 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 Edu- cation 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 identi- fied 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 avail- able 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00282 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–246 PUBLIC LAW 106–113—APPENDIX D
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 Edu- cation 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 provi- sion 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 accom- panying Public Law 105–78 and in the statement of the managers on the conference report accompanying Public Law 105–277: Pro- vided 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 disabil- ities 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 mainte- nance 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 Sec- ondary Education Act of 1965 if the Secretary has received that
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00283 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–247PUBLIC LAW 106–113—APPENDIX D
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 require- ments 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 Sec- ondary 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 Sec- retary 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 Sec- ondary 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00284 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–248 PUBLIC LAW 106–113—APPENDIX D
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 edu- cational 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 appro- priated, $335,000,000 shall be for Eisenhower professional develop- ment 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 com- prehensive 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 provi- sion 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 Edu- cation 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00285 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–249PUBLIC LAW 106–113—APPENDIX D
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 informa- tion 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 Assess- ment at the University of Southern Mississippi for research dissemi- nation 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00286 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–250 PUBLIC LAW 106–113—APPENDIX D
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 net- work 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 construc- tion 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: Pro- vided 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00287 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–251PUBLIC LAW 106–113—APPENDIX D
for such services, based on the best available data, notwithstanding section 211 of the Adult Education and Family Literacy Act: Pro- vided 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: Pro- vided 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 not- withstanding 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 statu- tory 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00288 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–252 PUBLIC LAW 106–113—APPENDIX D
this authority, through publication of waivers or modifications of statutory and regulatory provisions, as the Secretary deems nec- essary to assist such individuals: Provided further, That notwith- standing section 413D of the Higher Education Act of 1965, alloca- tions 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 emer- gency 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 semi- colon;
(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 Pen- sions 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00289 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–253PUBLIC LAW 106–113—APPENDIX D
101(f ) of Public Law 105–277 for the Web-Based Education Commis- sion, 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 Inter- active 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00290 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–254 PUBLIC LAW 106–113—APPENDIX D
103–227, $596,892,000: Provided, That $50,000,000 shall be avail- able to demonstrate effective approaches to comprehensive school reform, to be allocated and expended in accordance with the instruc- tions 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 accom- panying Public Law 105–277: Provided further, That the funds made available for comprehensive school reform shall become avail- able 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 pro- gram: 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 bilin- gual 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00291 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–255PUBLIC LAW 106–113—APPENDIX D
Annandale High School in Virginia for academic enrichment pro- grams, $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 readi- ness, $500,000 shall be awarded to the West Ed Regional Edu- cational 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 perform- ance 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 Tech- nology 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 Univer- sity of West Florida for a teacher enhancement program, $1,000,000 shall be awarded to Delta State University in Mississippi for innova- tive 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, Pennsyl- vania, 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 Bor- ough 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00292 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–256 PUBLIC LAW 106–113—APPENDIX D
Enhancement Program, $100,000 shall be awarded to the Philadel- phia Orchestra’s Philly Pops to operate the Jazz in the Schools program in the Philadelphia school district, $500,000 for the Mis- sissippi 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 pro- vide eyeglasses to additional children whose educational perform- ance 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 Path- ways 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 scientif- ically 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 Achieve- ment 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,
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00293 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–257PUBLIC LAW 106–113—APPENDIX D
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 tech- nology 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 Per- forming Arts for the ‘‘Make a Ballet’’ arts education program in the New York City area: Provided further, That of the funds avail- able for section 10601 of title X of such Act, $2,000,000 shall be awarded to the Center for Educational Technologies for produc- tion 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 ‘‘devel- oping countries’’ shall have the same meaning as the term ‘‘devel- oping 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 con- ference 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 author- ized 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00294 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–258 PUBLIC LAW 106–113—APPENDIX D
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 Depart- ment of Education in this Act may be transferred between appro- priations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That the Appropria- tions 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 pay- ments 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 chil- dren described in section 8003(a)(1) in average daily attend- ance; 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00295 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–259PUBLIC LAW 106–113—APPENDIX D
attendance, and at least 6,000 children described in sub- paragraphs (A) and (B) of section 8003(a)(1) in average daily attendance. (2) From the remaining $2,000,000 and any amounts avail-
able 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 sub- section, 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 Sec- retary 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 pay- ments 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00296 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–260 PUBLIC LAW 106–113—APPENDIX D
unit total from its regular basic support payment shall be recom- puted by using a factor of 1.35 for children described in subpara- graphs (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 sub- tracting 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 partici- pate 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00297 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–261PUBLIC LAW 106–113—APPENDIX D
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 Univer- sity, Corpus Christi, for operation of the Early Childhood Develop- ment Center, $1,000,000 shall be awarded to Southeast Missouri State University for equipment and curriculum development associ- ated 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 class- room, $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 infra- structure, $1,000,000 shall be awarded to the I Have a Dream Foundation, $1,000,000 shall be awarded to a demonstration pro- gram 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 Inter- national 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00298 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–262 PUBLIC LAW 106–113—APPENDIX D
shall be awarded to Lehigh University Iacocca Institute for edu- cational 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 Part- nership 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 Con- necticut 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 inter- national 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 commu- nity college students, $1,000,000 shall be awarded to the Urban College of Boston, Massachusetts, for tutoring and mentoring serv- ices for educationally disadvantaged students, $1,000,000 shall be awarded to the University of Rhode Island Center for Environ- mental 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 Supe- rior 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 avail- able 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—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00299 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–263PUBLIC LAW 106–113—APPENDIX D
(A) 80 percent of such amount shall be allocated to such local educational agencies in proportion to the number of chil- dren, 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 enroll- ments 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 quali- fied 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 disabil- ities 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 bacca- laureate 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00300 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–264 PUBLIC LAW 106–113—APPENDIX D
(iii) providing professional development (which may include such activities as promoting retention and mentoring) to teachers, including special education teachers and teachers of special-needs children, in order to meet the goal of ensuring that all instructional staff have the subject matter knowledge, teaching knowledge, and teaching skills necessary to teach effectively in the content area or areas in which they provide instruction, consistent with title II of the Higher Education Act of 1965. (B)(i) Except as provided under clause (ii) a local educational
agency may use not more than a total of 25 percent of the award received under this section for activities described in clauses (ii) and (iii) of subparagraph (A).
(ii) A local educational agency in an Ed-Flex Partnership State under Public Law 106–25, the Education Flexibility Partnership Act, and in which 10 percent or more of teachers in elementary schools as defined by section 14101(14) of the Elementary and Secondary Education Act of 1965 have not met applicable State and local certification requirements (including certification through State or local alternative routes), or if such requirements have been waived, may apply to the State educational agency for a waiver that would permit it to use more than 25 percent of the funds it receives under this section for activities described in subparagraph (A)(iii) for the purpose of helping teachers who have not met the certification requirements become certified.
(iii) If the State educational agency approves the local edu- cational 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 Depart- ment 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 kinder- garten 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00301 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–265PUBLIC LAW 106–113—APPENDIX D
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 non- profit 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 dam-
ages 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00302 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–266 PUBLIC LAW 106–113—APPENDIX D
‘‘(B) is not or was not in the process of performing data exchange testing with the Department of Education at the time the Department terminates such testing.’’.
SEC. 312. Section 4 of P.L. 106–71 is amended by striking subsection (c).
SEC. 313. HOLD HARMLESS.
(a) LOCAL CONTRIBUTION RATE.—For purposes of calculating a payment under section 8003(b) of the Elementary and Secondary Education Act of 1965 for fiscal year 1999 or 2000 with respect to any local educational agency described in subsection (b), the Secretary of Education shall not use a local contribution rate for the fiscal year that is less than the local contribution rate used for the local educational agency for fiscal year 1998.
(b) LOCAL EDUCATIONAL AGENCIES.—A local educational agency referred to in subsection (a) is any local educational agency that—
(1) is eligible to receive a payment under section 8003(b) of the Elementary and Secondary Education Act of 1965 for fiscal year 1999 or 2000, as the case may be; and
(2) received a payment under such section for fiscal year 1998 that was calculated on the basis of a local contribution rate based on generally comparable school districts using the special additional factors method. (c) EFFECTIVE DATE.—This section shall be effective for fiscal
years 1999 and 2000.
SEC. 314. VOTER REGISTRATION OF COLLEGE STUDENTS.
Subparagraph (C) of section 487(a)(23) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(23)) is amended to read as follows:
‘‘(C) This paragraph shall apply to general and special elections for Federal office, as defined in section 301(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(3)), and to the elections for Governor or other chief executive within such State).’’.
This title may be cited as the ‘‘Department of Education Appro- priations 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 develop- ment 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 ‘‘avail- ability of funds’’ found at 48 CFR 52.232–18 and 252.232–7007, Limitation of Government Obligations.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00303 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–267PUBLIC LAW 106–113—APPENDIX D
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 author- ized 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 avail- able to the Corporation for Public Broadcasting by this Act shall be used to pay for receptions, parties, or similar forms of entertain- ment 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 Concilia- tion 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 organiza- tions, and for arbitration services shall be credited to and merged with this account, and shall remain available until expended: Pro- vided 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00304 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–268 PUBLIC LAW 106–113—APPENDIX D
gifts of services and real, personal, or other property in the aid of any projects or functions within the Director’s jurisdiction.
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety and Health Review Commission (30 U.S.C. 801 et seq.), $6,159,000.
INSTITUTE 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 Polit- ical 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 Univer- sity 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 Anchor- age, 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 Ocean- side 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 Ala- bama 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 tech- nology based information and research networks.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00305 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–269PUBLIC LAW 106–113—APPENDIX D
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 Supple- mentary 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, direc- tives, 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 Rela- tions 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 Rail- way Labor Act, as amended (45 U.S.C. 151–188), including emer- gency boards appointed by the President, $9,600,000: Provided, That unobligated balances at the end of fiscal year 2000 not needed
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00306 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–270 PUBLIC LAW 106–113—APPENDIX D
for emergency boards shall remain available for other statutory purposes through September 30, 2001.
OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety and Health Review Commission (29 U.S.C. 661), $8,500,000.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account, author- ized 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 avail- able 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, commu- nications facilities or services, maintenance services, or administra- tive 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00307 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–271PUBLIC LAW 106–113—APPENDIX D
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 Secu- rity Act, $21,503,085,000, to remain available until expended: Pro- vided, 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 adminis- trative 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 Secu- rity 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00308 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–272 PUBLIC LAW 106–113—APPENDIX D
Security Advisory Board: Provided further, That unobligated bal- ances 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, notwith- standing 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 Commis- sioner of Social Security may direct up to $3,000,000, in addition to funds previously appropriated for this purpose, to continue Fed- eral-State partnerships which will evaluate means to promote Medi- care 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00309 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–273PUBLIC LAW 106–113—APPENDIX D
$51,000,000, to be transferred and expended as authorized by sec- tion 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 ‘‘Limita- tion 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 Serv- ices, and Education are authorized to transfer unexpended balances of prior appropriations to accounts corresponding to current appro- priations 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 sup- port 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 author- ized to make available not to exceed $20,000 and $15,000, respec- tively, 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 avail- able 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 representa- tion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00310 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–274 PUBLIC LAW 106–113—APPENDIX D
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 inten- tionally 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 Regula- tions.
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 recipi- ents of Federal research grants, shall clearly state: (1) the percent- age 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 appro- priated 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 sec- tion 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).
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00311 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–275PUBLIC LAW 106–113—APPENDIX D
(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 require- ment 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 author- ized: Provided, That the House and Senate Committees on Appro- priations 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00312 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–276 PUBLIC LAW 106–113—APPENDIX D
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 COMMIS-
SION.
‘‘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 INTERVEN- TIONS 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 con- sists 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 assess- ment, audiologic rehabilitation treatment, national and local
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00313 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–277PUBLIC LAW 106–113—APPENDIX D
consumer, self-help, parent, and education organizations, and other family-centered services.
(3) MEDICAL EVALUATION.—Medical evaluation by a physi- cian 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 identi- fying 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 tech- nologies to facilitate the receptive and expressive communica- tion abilities of a child with hearing loss.
(6) EARLY INTERVENTION.—Early intervention (e.g., non- medical) 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 con- sider 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 state- wide newborn and infant hearing screening, evaluation and inter- vention 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 sus- pected 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 chil- dren 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00314 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–278 PUBLIC LAW 106–113—APPENDIX D
(c) STATEWIDE NEWBORN AND INFANT HEARING SCREENING, EVALUATION AND INTERVENTION PROGRAMS AND SYSTEMS.—Under the existing authority of the Public Health Service Act, the Sec- retary 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 new- born 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 Edu- cation 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 pro- grams 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 lan- guage 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 develop- mental 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00315 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–279PUBLIC LAW 106–113—APPENDIX D
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; appro- priate national medical and other health and education spe- cialty 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 interven- tion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00316 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–280 PUBLIC LAW 106–113—APPENDIX D
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 appropria- tions 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 PREVEN- TION.—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 Preven- tion, 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 car- rying 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 dem- onstrate 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 nec- essary.
TITLE VIII—WELFARE-TO-WORK AND CHILD SUPPORT AMENDMENTS OF 1999
SEC. 801. FLEXIBILITY IN ELIGIBILITY FOR PARTICIPATION IN WEL- FARE-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:
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00317 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–281PUBLIC LAW 106–113—APPENDIX D
‘‘(ii) GENERAL ELIGIBILITY.—An entity that oper- ates a project with funds provided under this para- graph may expend funds provided to the project for the benefit of recipients of assistance under the pro- gram 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 exemp- tion 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 para- graph 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 pref- erence in the determination of the noncustodial parents to be provided services under this para- graph to be provided by the entity to those non- custodial 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 require- ments 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00318 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–282 PUBLIC LAW 106–113—APPENDIX D
this Act, medical assistance under title XIX of this Act, or child health assistance under title XXI of this Act. ‘‘(III) In the case of a noncustodial parent who
becomes enrolled in the project on or after the date of the enactment of this clause, the noncusto- dial 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 coordi- nating 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 non- custodial 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 oppor- tunity, in the establishment of the paternity of the minor child, through voluntary acknowl- edgement 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 noncusto- dial 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 pay- ments, and if the noncustodial parent has not attained 20 years of age, such related activities may include completion of high school, a gen- eral equivalency degree, or other education directly related to employment.
‘‘(dd) A description of the services to be provided under this paragraph, and a commit- ment 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 pre- ceding provisions of this subclause shall not be construed to affect any other provision of law requiring a custodial parent to cooperate in estab- lishing the paternity of a child or establishing or enforcing a support order with respect to a
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00319 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–283PUBLIC LAW 106–113—APPENDIX D
child, or entitling a custodial parent to refuse, for good cause, to provide such cooperation as a condition of assistance or benefit under any pro- gram, 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 para- graph shall consult with domestic violence preven- tion and intervention organizations in the develop- ment 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 DEPEND-
ENCY; 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 fol-
lowing: ‘‘(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 respon- sibility 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 sec- tion 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—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00320 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–284 PUBLIC LAW 106–113—APPENDIX D
(1) shall be effective January 1, 2000, with respect to the determination of eligible individuals for purposes of section 403(a)(5)(B) of the Social Security Act (relating to competitive grants);
(2) shall be effective July 1, 2000, except that expenditures from allotments to the States shall not be made before October 1, 2000—
(A) with respect to the determination of eligible individ- uals for purposes of section 403(a)(5)(A) of the Social Secu- rity 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 EMPLOY- MENT 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00321 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–285PUBLIC LAW 106–113—APPENDIX D
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 PARTICI- PANTS.—
(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 num- bers, 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 par- ents 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 pro- gram 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.’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00322 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–286 PUBLIC LAW 106–113—APPENDIX D
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 sec-
tion 454 would (in the absence of this paragraph) be dis- approved for the failure of the State to comply with subpara- graphs (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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00323 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–287PUBLIC LAW 106–113—APPENDIX D
year under this paragraph with respect to the failure), except as provided in subparagraph (C)(ii) of this para- graph;
‘‘(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 Sep- tember 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 para- graph against a State for a fiscal year for which the amount otherwise payable to the State under paragraph (1)(A) of this sub- section 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 Appro- priations Act, 2000’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00324 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00325 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–289PUBLIC LAW 106–113—APPENDIX E
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 emer- gency 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00326 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–290 PUBLIC LAW 106–113—APPENDIX E
SPECIALTY CROP ASSISTANCE
For an additional amount for specialty crop assistance author- ized 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00327 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–291PUBLIC LAW 106–113—APPENDIX E
crop assistance program under that section, without any require- ment 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 imple- ment those sections, the Secretary of Agriculture may provide assist- ance 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 sec- tion:
‘‘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 pro- gram, 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00328 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–292 PUBLIC LAW 106–113—APPENDIX E
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 pursu- ant 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 adminis- trative costs) for any funds allocated to the State for buyout assist- ance: 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 avail- able for buyouts under this paragraph may be used in any calcula- tion of a State’s section 404 allocation: Provided further, That the Director shall report quarterly to the House and Senate Commit- tees 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00329 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–293PUBLIC LAW 106–113—APPENDIX E
shall be allocated for buyouts under this paragraph except in accord- ance with regulations promulgated by the Director: Provided fur- ther, 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 insur- ance: Provided further, That the entire amount shall be available only to the extent an official budget request, that includes designa- tion of the entire amount of the request as an emergency require- ment 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 des- ignated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Def- icit 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 Administra- tion 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 sur- rounding 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00330 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–294 PUBLIC LAW 106–113—APPENDIX E
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 home- owners, 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 sen- tence;
(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 estab- lished 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 com- pensate 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 Agri- culture 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 Congres- sional Hunger Center may invest such funds and expend the income from such funds in a manner consistent with this section: Provided
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00331 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–295PUBLIC LAW 106–113—APPENDIX E
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 electrifica- tion 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 Reauthoriza- tion 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 competi- tive 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 fre- quencies 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00332 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–296 PUBLIC LAW 106–113—APPENDIX E
(5)) for the filing of petitions to deny any application for an instrument of authorization for the frequencies described in para- graph (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 competi- tive 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 comple- tion 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 Communica-
tions 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 para- graph (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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00333 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–297PUBLIC LAW 106–113—APPENDIX E
(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 Communica- tions 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 Appro- priations 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 Appro- priations 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 proce- dures and policies to ensure that payments are made no earlier than one day before the date on which the payments would other- wise 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 Com- mand, 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00334 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–298 PUBLIC LAW 106–113—APPENDIX E
shall also identify and assess valid proposals (including the cost of such proposals) to accelerate medical research in this area, espe- cially those aimed at studying, diagnosing, and developing treat- ment 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 appro- priated 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 Govern- ment 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 instrumen- tality 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 run- ning 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00335 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–299PUBLIC LAW 106–113—APPENDIX E
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 run- ning 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 run- ning 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, Min- nesota 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’’
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00336 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–300 PUBLIC LAW 106–113—APPENDIX E
in Public Law 106–69, item number 66 shall be amended by striking ‘‘Colorado Association of Transit Agencies’’ and inserting ‘‘Colorado buses and bus facilities’’, item number 107 shall be amended by striking ‘‘Kansas Public Transit Association buses and bus facilities’’ and inserting ‘‘Kansas buses and bus facilities’’, the figure in item number 92 shall be amended to read ‘‘3,340,000’’, item number 251 shall be amended by inserting after ‘‘buses’’ the following: ‘‘and bus facilities’’, and there shall be inserted after item number 279 under ‘‘Capital Investment Grants’’ the following:
‘‘280. Iowa ......................... Mason City, bus facility ......................... 160,000’’:
Provided further, That Public Law 105–277, 112 Stat. 2681–458, item number 243 shall be amended by inserting after the word ‘‘buses’’ the following: ‘‘and bus facilities’’.
SEC. 226. No funds made available in Public Law 106–69 or any other Act shall be used to decommission or otherwise reduce operations of U.S. Coast Guard WYTL harbor tug boats.
SEC. 227. Section 351 of Public Law 106–69 is amended by striking ‘‘provided’’ and inserting ‘‘appropriated or limited’’.
SEC. 228. For purposes of section 5117(b)(5) of the Transpor- tation 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.—Notwith- standing 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 metropoli- tan 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 DIS- POSAL, 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 alter- ations) 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 para- graph (2)(B).’’; and (3) adding at the end thereof the following:
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00337 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–301PUBLIC LAW 106–113—APPENDIX E
‘‘(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 contig- uous 48 States;
‘‘(B) scrap the aircraft; ‘‘(C) obtain modifications to the aircraft to meet Stage
3 noise levels; ‘‘(D) perform scheduled heavy maintenance or signifi-
cant 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 con- ducting 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 Adminis- trator)’’ after ‘‘civil subsonic turbojet’’.
(2) FAR MODIFIED.—The Federal Aviation Regulations, con- tained 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 oper- ating under an experimental airworthiness certification issued by the Department of Transportation. SEC. 232. In addition to amounts provided to the Federal Rail-
road 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.’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00338 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–302 PUBLIC LAW 106–113—APPENDIX E
(b) During the period beginning January 1, 2000, and ending July 31, 2000, the Administrator may convey any property for which an application for the transfer of property is under consider- ation 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 reason- ably 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 Fed- eral 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: Pro- vided, 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: ‘‘Commis- sioner 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 Cus- toms, 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 Appropria- tions 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00339 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–303PUBLIC LAW 106–113—APPENDIX E
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 deter- mined 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 con- ference accompanying H.R. 2684 (Public Law 106–74; House Report No. 106–379) is deemed to be amended under the heading ‘‘Commu- nity 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 develop- ment 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 Spring- field, 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00340 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–304 PUBLIC LAW 106–113—APPENDIX E
(b) RESTRICTIONS.—In carrying out the rescissions made by subsection (a)—
(1) no program, project, or activity of any department, agency, instrumentality, or entity may be reduced by more than 15 percent (with ‘‘programs, projects, and activities’’ as delineated in the appropriations Act or accompanying report for the relevant account, or for accounts and items not included in appropriations Acts, as delineated in the most recently sub- mitted 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00341 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–305PUBLIC LAW 106–113—APPENDIX E
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 coopera- tion 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 para- graph.
‘‘(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 EDU-
CATION.—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 Direc- tory of New Hires) exceeds $16,000; and
‘‘(ii) after removal of personal identifiers, to con- duct 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00342 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–306 PUBLIC LAW 106–113—APPENDIX E
‘‘(F) REIMBURSEMENT OF HHS COSTS.—The Secretary of Education shall reimburse the Secretary, in accordance with subsection (k)(3), for the additional costs incurred by the Secretary in furnishing the information requested under this subparagraph.’’.
(b) PENALTIES FOR MISUSE OF INFORMATION.—Section 402(a) of the Child Support Performance and Incentive Act of 1998 (112 Stat. 669) is amended in the matter added by paragraph (2) by inserting ‘‘or any other person’’ after ‘‘officer or employee of the United States’’.
(c) EFFECTIVE DATE.—The amendments made by this section shall become effective October 1, 1999.
SEC. 304. Section 110 of title 23, United States Code, is amended by adding at the end the following:
‘‘(e) After making any calculation necessary to implement this section for fiscal year 2001, the amount available under paragraph (a)(1) shall be increased by $128,752,000. The amounts added under this subsection shall not apply to any calculation in any other fiscal year.
‘‘(f ) For fiscal year 2001, prior to making any distribution under this section, $22,029,000 of the allocation under paragraph (a)(1) shall be available only for each program authorized under chapter 53 of title 49, United States Code, and title III of Public Law 105–178, in proportion to each such program’s share of the total authorization in section 5338 (other than 5338(h)) of such title and sections 3037 and 3038 of such Public Law, under the terms and conditions of chapter 53 of such title.
‘‘(g) For fiscal year 2001, prior to making any distribution under this section, $399,000 of the allocation under paragraph (a)(1) shall be available only for motor carrier safety programs under sections 31104 and 31107 of title 49, United States Code; $274,000 for NHTSA operations and research under section 403 of title 23, United States Code; and $787,000 for NHTSA highway traffic safety grants under chapter 4 of title 23, United States Code.’’.
SEC. 305. Notwithstanding section 3324 of title 31, United States Code, and section 1006(h) of title 37, United States Code, the basic pay and allowances that accrues to members of the Army, Navy, Marine Corps, and Air Force for the pay period ending on September 30, 2000, shall be paid, whether by electronic transfer of funds or otherwise, no earlier than October 1, 2000.
SEC. 306. The pay of any Federal officer or employee that would be payable on September 29, 2000, or September 30, 2000, for the preceding applicable pay period (if not for this section) shall be paid, whether by electronic transfer of funds or otherwise, on October 1, 2000.
SEC. 307. Under the terms of section 251(b)(2) of Public Law 99–177, an adjustment for rounding shall be provided for the first amount referred to in section 251(c)(4)(A) of such Act equal to 0.2 percent of such amount.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00343 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–307PUBLIC LAW 106–113—APPENDIX E
TITLE IV—CANYON FERRY RESERVOIR, MONTANA
SEC. 401. DEFINITION OF INDIVIDUAL PROPERTY PURCHASER.
Section 1003 of title X of division C of the Omnibus Consoli- dated and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681–711) is amended—
(1) by redesignating paragraphs (4) through (12) as para- graphs (5) through (13), respectively; and
(2) by inserting after paragraph (3) the following: ‘‘(4) INDIVIDUAL PROPERTY PURCHASER.—The term ‘indi-
vidual 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 Consoli- dated 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 subpara-
graph (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 prop- erty that form part of the basis of the updated appraisal (including a change in size, easement consid- erations, or updated analyses of the physical character- istics 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 Reclama- tion and the 265 Canyon Ferry cabin owners have the right to seek reconsideration, before commence- ment of the updated appraisal, of the assumptions that the appraisers used in arriving at the fair market values derived in the original appraisal.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00344 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–308 PUBLIC LAW 106–113—APPENDIX E
‘‘(vi) CONTINUING VALIDITY.—Notwithstanding any other provision of law, the October 15, 1998, Canyon Ferry Cabin Site original appraisal, as provided for in this paragraph, shall remain valid for use by the Bureau of Reclamation in the sale process for a period of not less than 3 years from the date of completion of the updated appraisal.’’;
(2) in subsection (d) (112 Stat. 2681–713)— (A) in paragraph (1)(D), by adding at the end the
following: ‘‘(iii) REMAINING LEASES.—
‘‘(I) CONTINUATION OF LEASES.—The remaining lessees shall have a right to continue leasing through August 31, 2014.
‘‘(II) RIGHT TO CLOSE.—The remaining leases shall have the right to close under the terms of the sale at any time before August 31, 2014. On termination of the lease either by expiration under the terms of the lease or by violation of the terms of the lease, all personal property and improve- ments 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 distrib- uted 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).’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00345 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–309PUBLIC LAW 106–113—APPENDIX E
SEC. 403. MONTANA FISH AND WILDLIFE CONSERVATION TRUST.
Section 1007(b) of title X of division C of the Omnibus Consoli- dated and Emergency Supplemental Appropriations Act, 1999 (112 Stat. 2681–715), is amended—
(1) in subsection (c)— (A) in paragraph (1), in the matter preceding subpara-
graph (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 man-
ager, 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 speci- fied 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 pay-
ments received by the Trust under paragraph (2)(D) shall be treated as earnings under subsection (d)(2).
‘‘(4) FIDUCIARY RESPONSIBILITY.—In negotiating the Recre- ation 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 Recre- ation 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00346 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–310 PUBLIC LAW 106–113—APPENDIX E
‘‘(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 Consoli- dated 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 pur- chases 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 Emer- gency 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’’;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00347 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–311PUBLIC LAW 106–113—APPENDIX E
(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 pro-
vided 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 satisfac- torily under an economic reform program shall be eligible for can- cellation 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00348 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–312 PUBLIC LAW 106–113—APPENDIX E
(ii) the country has outstanding public and publicly guaran- teed 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 meas- ures;
(6) to broaden public participation and popular under- standing of the principles and goals of poverty reduction, particularly through economic growth, and good governance; and
(7) to promote the participation of citizens and nongovern- mental organizations in the economic policy choices of the government.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00349 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–313PUBLIC LAW 106–113—APPENDIX E
(h) CERTAIN PROHIBITIONS INAPPLICABLE.—Except as the Presi- dent 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 assist- ance 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 author- ized 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, Appropria- tions, and International Relations of the House of Representatives, and the Committees on Banking, Housing, and Urban Affairs, For- eign 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 COUN- TRIES INITIATIVE.
‘‘(a) IMPROVEMENT OF THE HIPC INITIATIVE.—In order to accel- erate multilateral debt relief and promote human and economic development and poverty alleviation in heavily indebted poor coun- tries, 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 appro- priate multilateral development institutions to accomplish the fol- lowing modifications to the Heavily Indebted Poor Countries Initia- tive:
‘‘(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 implementa- tion of policy changes and institutional reforms under eco- nomic reform programs, in a manner that ensures that such policy changes and institutional reforms are designed and adopted through transparent and participatory proc- esses;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00350 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–314 PUBLIC LAW 106–113—APPENDIX E
‘‘(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 under- standing of the principles and goals of poverty reduction, particularly through economic growth, and good govern- ance; and
‘‘(G) to promote the participation of citizens and non- governmental 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 Sec-
retary of the Treasury, after consulting with the Committees on Banking and Financial Services and International Relations of the House of Representatives, and the Committees on Foreign Relations and Banking, Housing, and Urban Affairs of the Senate, shall make every effort (including instructing the United States Directors at the IMF and World Bank) to ensure that an external assessment of the modified Heavily Indebted Poor Countries Initiative, including the reformed Enhanced Structural Adjustment Facility program as it relates to that Initiative, takes place by December 31, 2001, incorporating the views of debtor governments and civil society, and that such assessment be made public.
‘‘(c) DEFINITION.—The term ‘modified Heavily Indebted Poor Countries Initiative’ means the multilateral debt initiative pre- sented in the Report of G–7 Finance Ministers on the Köln Debt Initiative to the Köln 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00351 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–315PUBLIC LAW 106–113—APPENDIX E
countries’ efforts under programs developed and jointly adminis- tered 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 reduc- tion 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 pov- erty 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 Pov- erty 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 participa- tion in program design by citizens;
‘‘(C) verifications that reformed ESAF programs are designed in a manner consistent with the Poverty Reduc- tion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00352 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–316 PUBLIC LAW 106–113—APPENDIX E
relief under the modified Heavily Indebted Poor Countries Ini- tiative 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 Sec- retary 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 owner- ship 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 instruc- tion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00353 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–317PUBLIC LAW 106–113—APPENDIX E
of the International Monetary Fund for the purpose of making loans.
SEC. 504. ADDITIONAL PROVISIONS.
(a) PUBLICATION OF IMF OPERATIONAL BUDGETS.—The Sec- retary 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 Inter- national Monetary Fund and which shall detail the costs and bene- fits 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 influ- ence 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 WITH- OUT PRIOR AUTHORIZATION BY THE CONGRESS.—(1) The first sen- tence 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 dis- position 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00354 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–318 PUBLIC LAW 106–113—APPENDIX E
Banking and Financial Services, on Appropriations, and on Inter- national Relations of the House of Representatives and the Commit- tees on Foreign Relations, on Appropriations, and on Banking, Housing and Urban Affairs of the Senate.
(e) ANNUAL REPORT BY GAO ON CONSISTENCY OF IMF PRAC- TICES 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 pur- poses 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 Con- gress a report describing the payments made under section 1.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00355 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–319PUBLIC LAW 106–113—APPENDIX E
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 appro- priate ceremony pursuant to section 337 of the Immigration and Nationality Act.
(b) DEADLINE FOR APPLICATION AND PAYMENT OF FEES.—Sub- section (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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00356 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00357 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–321PUBLIC LAW 106–113—APPENDIX F
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 other- wise 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 collec-
tion 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 de-
velopment 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00358 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–322 PUBLIC LAW 106–113—APPENDIX F
Subtitle E—Other Provisions Sec. 141. MedPAC study on medicare payment for nonphysician health professional
clinical training in hospitals.
Subtitle F—Transitional Provisions Sec. 151. Exception to CMI qualifier for one year. Sec. 152. Reclassification of certain counties and other areas for purposes of reim-
bursement 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 de-
vices, 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 out- patient department services.
Sec. 204. Limitation on outpatient hospital copayment for a procedure to the hos- pital deductible amount.
Subtitle B—Physician Services Sec. 211. Modification of update adjustment factor provisions to reduce update os-
cillations 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 pay- ment 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 grad-
uate medical education (DGME) payments. Sec. 312. Initial residency period for child neurology residency training programs.
Subtitle C—Technical Corrections Sec. 321. BBA technical corrections.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00359 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–323PUBLIC LAW 106–113—APPENDIX F
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 pro-
gram. 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 edu-
cation 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-serv-
ice 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 plan-
ning 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 pay- ments.
Subtitle E—Studies and Reports Sec. 551. Report on accounting for VA and DOD expenditures for medicare bene-
ficiaries.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00360 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–324 PUBLIC LAW 106–113—APPENDIX F
Sec. 552. Medicare Payment Advisory Commission studies and reports. Sec. 553. GAO studies, audits, and reports.
TITLE VI—MEDICAID Sec. 601. Increase in DSH allotment for certain States and the District of Colum-
bia. 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 serv- ices; 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 insur- ance 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 for-
mula. Sec. 702. Increased allotments for territories under the State children’s health in-
surance program. Sec. 703. Improved data collection and evaluations of the State children’s health in-
surance 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 Sec- retary 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 Administra- tion 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)
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00361 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–325PUBLIC LAW 106–113—APPENDIX F
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 TRANSI- TION 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 TRANSI-
TION.—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 indi- vidual 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00362 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–326 PUBLIC LAW 106–113—APPENDIX F
additional chemotherapy items identified by the Secretary.
‘‘(III) Chemotherapy administration services (identified as of July 1, 1999, by HCPCS codes 36260–36262; 36489; 36530–36535; 36640; 36823; and 96405–96542 (and as subsequently modified by the Secretary)) and any additional chemo- therapy 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 Supple- mentary 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 adjust- ments 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00363 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–327PUBLIC LAW 106–113—APPENDIX F
SEC. 104. PROVISION FOR PART B ADD-ONS FOR FACILITIES PARTICI- PATING 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 percent- age 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 percent- age specified in paragraph (2)(C)(ii).
‘‘(B) FACILITY DESCRIBED.—For purposes of subpara- graph (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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00364 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–328 PUBLIC LAW 106–113—APPENDIX F
‘‘(ii) is immuno-compromised secondary to an infec- tious 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 res- piratory 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 com- petency 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 enact-
ment 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00365 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–329PUBLIC LAW 106–113—APPENDIX F
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 EDU- CATION (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 PAY-
MENT 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 hos- pital 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 adjust- ments 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 pay- ments under such paragraph resulting from the application of sec- tion 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);
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00366 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–330 PUBLIC LAW 106–113—APPENDIX F
(3) by redesignating subclauses (V) and (VI) as subclauses (IV) and (V), respectively; and
(4) in subclause (IV), as so redesignated, by striking ‘‘reduced by 5 percent’’ and inserting ‘‘reduced by 4 percent’’. (b) DATA COLLECTION.—
(1) IN GENERAL.—The Secretary of Health and Human Services shall require any subsection (d) hospital (as defined in section 1886(d)(1)(B) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B))) to submit to the Secretary, in the cost reports submitted to the Secretary by such hospital for discharges occurring during a fiscal year, data on the costs incurred by the hospital for providing inpatient and outpatient hospital services for which the hospital is not compensated, including non-medicare bad debt, charity care, and charges for medicaid and indigent care.
(2) EFFECTIVE DATE.—The Secretary shall require the submission of the data described in paragraph (1) in cost reports for cost reporting periods beginning on or after October 1, 2001.
Subtitle C—PPS-Exempt Hospitals
SEC. 121. WAGE ADJUSTMENT OF PERCENTILE CAP FOR PPS-EXEMPT HOSPITALS.
(a) IN GENERAL.—Section 1886(b)(3)(H) (42 U.S.C. 1395ww(b)(3)(H)) is amended—
(1) in clause (i), by inserting ‘‘, as adjusted under clause (iii)’’ before the period;
(2) in clause (ii), by striking ‘‘clause (i)’’ and ‘‘such clause’’ and inserting ‘‘subclause (I)’’ and ‘‘such subclause’’ respectively;
(3) by striking ‘‘(H)(i)’’ and inserting ‘‘(ii)(I)’’; (4) by redesignating clauses (ii) and (iii) as subclauses
(II) and (III); (5) by inserting after clause (ii), as so redesignated, the
following new clause: ‘‘(iii) In applying clause (ii)(I) in the case of a hospital or
unit, the Secretary shall provide for an appropriate adjustment to the labor-related portion of the amount determined under such subparagraph to take into account differences between average wage-related costs in the area of the hospital and the national average of such costs within the same class of hospital.’’; and
(6) by inserting before clause (ii), as so redesignated, the following new clause: ‘‘(H)(i) In the case of a hospital or unit that is within a class
of hospital described in clause (iv), for a cost reporting period beginning during fiscal years 1998 through 2002, the target amount for such a hospital or unit may not exceed the amount as updated up to or for such cost reporting period under clause (ii).’’.
(b) EFFECTIVE DATE.—The amendments made by subsection (a) apply to cost reporting periods beginning on or after October 1, 1999.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00367 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–331PUBLIC LAW 106–113—APPENDIX F
SEC. 122. ENHANCED PAYMENTS FOR LONG-TERM CARE AND PSY- CHIATRIC HOSPITALS UNTIL DEVELOPMENT OF PROSPECTIVE PAYMENT SYSTEMS FOR THOSE HOS- PITALS.
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 enact- ment 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 subpara- graph (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 informa- tion 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.—Not- withstanding 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 accord- ance with the system described in subsection (a).
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00368 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–332 PUBLIC LAW 106–113—APPENDIX F
SEC. 124. PER DIEM PROSPECTIVE PAYMENT SYSTEM FOR PSY- CHIATRIC 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 hos- pitals and units (as defined in paragraph (3)) under the medi- care 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 hos- pitals 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.—Not- withstanding 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 sub- section referred to as a ‘case mix group’), based on impairment, age, comorbidities, and functional capa- bility of the patient and such other factors as the Secretary deems appropriate to improve the explana- tory power of functional independence measure-func- tion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00369 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–333PUBLIC LAW 106–113—APPENDIX F
as preventing the Secretary from providing for an adjust- ment 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 bene- ficiary 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 Secu- rity 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 MODIFICA- TION 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 supple- mented with additional cost factors.
(b) REPORT.—Not later than one year after the date of enact- ment 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00370 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–334 PUBLIC LAW 106–113—APPENDIX F
Subtitle E—Other Provisions
SEC. 141. MEDPAC STUDY ON MEDICARE PAYMENT FOR NONPHYSI- CIAN 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-Law- rence-Lowell-Brockton, Massachusetts-New Hampshire Metro- politan Statistical Area. (b) FISCAL YEAR 2001.—Notwithstanding any other provision
of law, effective for discharges occurring during fiscal year 2001,
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00371 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–335PUBLIC LAW 106–113—APPENDIX F
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 Statis- tical 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, Massachu- setts-New Hampshire Metropolitan Statistical Area.
For purposes of that section, any reclassification under this sub- section 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00372 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–336 PUBLIC LAW 106–113—APPENDIX F
amount for such facility according to the methodology described in subsection (c) for such cost reporting periods in lieu of the payment amount that would otherwise be established for such facility under section 1888(e)(1) of such Act (42 U.S.C. 1395yy(e)(1)).
(b) FACILITY ELIGIBILITY CRITERIA.—For purposes of this sub- section, 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 bene- fits 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 para- graphs (7) through (11), respectively; and
(2) by inserting after paragraph (4) the following new para- graph:
‘‘(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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00373 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–337PUBLIC LAW 106–113—APPENDIX F
‘‘(B) AMOUNT OF ADJUSTMENT.—The amount of the additional payment under subparagraph (A) shall be deter- mined 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 pay-
ments made under this paragraph for covered OPD services furnished in a year (as estimated by the Sec- retary 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 subpara-
graph (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 hos- pital.’’.
(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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00374 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–338 PUBLIC LAW 106–113—APPENDIX F
antiemetic, a hematopoietic growth factor, a colony stimulating factor, a biological response modifier, a bisphosphonate, and a device of brachytherapy, if pay- ment for such drug, biological, or device as an out- patient 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 deter- mines is associated with the device. ‘‘(D) LIMIT ON AGGREGATE ANNUAL ADJUSTMENT.—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00375 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–339PUBLIC LAW 106–113—APPENDIX F
‘‘(i) IN GENERAL.—The total of the additional pay- ments made under this paragraph for covered OPD services furnished in a year (as estimated by the Sec- retary 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 AGGRE-
GATE LIMIT PROJECTED TO BE EXCEEDED.—If the Sec- retary estimates before the beginning of a year that the amount of the additional payments under this para- graph 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 para- graph (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 deter- mination of insignificance of cost, the duration of the addi- tional payments (consistent with paragraph (6)(B)), the portion of the medicare OPD fee schedule amount associ- ated 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—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00376 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–340 PUBLIC LAW 106–113—APPENDIX F
(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 para- graph the following new clause:
‘‘(iii) includes implantable items described in para- graph (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 com- posed of an appropriate selection of representatives of pro- viders 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 amend- ment 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00377 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–341PUBLIC LAW 106–113—APPENDIX F
(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 HOS- PITAL-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 rec- ommendations regarding the appropriate manner and settings under which the medicare program should pay for these drugs
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00378 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–342 PUBLIC LAW 106–113—APPENDIX F
and biologicals delivered outside of a hospital or physician’s office.
SEC. 202. ESTABLISHING A TRANSITIONAL CORRIDOR FOR APPLICA- TION 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 deter- mined’’; and
(2) by redesignating paragraphs (7) through (11) as para- graphs (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 PAY- MENT.—
‘‘(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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00379 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–343PUBLIC LAW 106–113—APPENDIX F
‘‘(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 HOS- PITALS.—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 HOS- PITALS.—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 serv- ices (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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00380 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–344 PUBLIC LAW 106–113—APPENDIX F
‘‘(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 NEU- TRALITY.—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 SPE- CIAL TREATMENT OF RURAL AND CANCER HOSPITALS IN PROSPECTIVE PAYMENT SYSTEM FOR HOSPITAL OUT- PATIENT DEPARTMENT SERVICES.
(a) STUDY.— (1) IN GENERAL.—The Medicare Payment Advisory Commis-
sion (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 para- graph (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 deter- mines 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 Sec- retary 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 com- ments on such report to Congress.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00381 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–345PUBLIC LAW 106–113—APPENDIX F
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 subpara- graphs (D) and (E), respectively; and
(3) by inserting after subparagraph (B) the following new subparagraph:
‘‘(C) LIMITING COPAYMENT AMOUNT TO INPATIENT HOS- PITAL 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 PROVI- SIONS 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 begin- ning with 1999’’ and inserting ‘‘1999 and 2000’’; and
(iii) in subparagraph (C), by inserting ‘‘and para- graph (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 percent- age 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00382 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–346 PUBLIC LAW 106–113—APPENDIX F
‘‘(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 expendi- tures 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 para- graph (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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00383 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–347PUBLIC LAW 106–113—APPENDIX F
‘‘(D) RESTRICTION ON UPDATE ADJUSTMENT FACTOR.— The update adjustment factor determined under subpara- graph (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 deter- mining 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 INFORMA- TION.—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 para- graph 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 suc- ceeding year and data used in making such estimate.’’. (B) MEDPAC REVIEW OF CONVERSION FACTOR ESTI-
MATES.—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 TRANSI- TION.—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 avail- able 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 begin- ning 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—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00384 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–348 PUBLIC LAW 106–113—APPENDIX F
(i) in subsection (d)(1)(A), by inserting ‘‘(for years before 2001) and, for years beginning with 2001, multi- plied 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 pub-
lished 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 sustain-
able 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 begin-
ning 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 para-
graph: ‘‘(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—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00385 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–349PUBLIC LAW 106–113—APPENDIX F
‘‘(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 Sep- tember 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 sub- section.
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 PHYSI-
CIANS’ 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 medi- care 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 deter- mines 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 appro- priate.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00386 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–350 PUBLIC LAW 106–113—APPENDIX F
(d) EFFECTIVE DATE.—The amendments made by this section shall be effective in determining the conversion factor under section 1848(d) of the Social Security Act (42 U.S.C. 1395w–4(d)) for years beginning with 2001 and shall not apply to or affect any update (or any update adjustment factor) for any year before 2001. SEC. 212. USE OF DATA COLLECTED BY ORGANIZATIONS AND ENTITIES
IN DETERMINING PRACTICE EXPENSE RELATIVE VALUES.
(a) IN GENERAL.—The Secretary of Health and Human Services shall establish by regulation (after notice and opportunity for public comment) a process (including data collection standards) under which the Secretary will accept for use and will use, to the max- imum 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 sub- section (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 deter- mination, 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 sub- section (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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00387 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–351PUBLIC LAW 106–113—APPENDIX F
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 MORATO-
RIUM 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 Sec- retary 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 Sec- retary 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 serv- ices, 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.’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00388 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–352 PUBLIC LAW 106–113—APPENDIX F
(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect as if included in the enactment of section 4541 of BBA. (d) STUDY AND REPORT ON UTILIZATION.—
(1) STUDY.— (A) IN GENERAL.—The Secretary of Health and Human
Services shall conduct a study which compares— (i) utilization patterns (including nationwide pat-
terns, 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 pro- vided in 1998 and 1999. (B) REVIEW OF CLAIMS.—In conducting the study under
this subsection the Secretary of Health and Human Serv- ices shall review a statistically significant number of claims for reimbursement for the services described in subpara- graph (A). (2) REPORT.—Not later than June 30, 2001, the Secretary
of Health and Human Services shall submit a report to Con- gress 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 fur- nished 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 rec- ommendations 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00389 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–353PUBLIC LAW 106–113—APPENDIX F
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 para- graph:
‘‘(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 opti- mize 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00390 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–354 PUBLIC LAW 106–113—APPENDIX F
(2) by amending paragraph (2) of subsection (b) to read as follows:
‘‘(2) CAPITATED PAYMENT RATE DEFINED.—In this sub- section, 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 appro- priate 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 IMMUNO- SUPPRESSIVE 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.—Sec- tion 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 sub-
section: ‘‘(b) EXTENSION OF COVERAGE OF IMMUNOSUPPRESSIVE DRUGS.—
‘‘(1) EXTENSION.— ‘‘(A) IN GENERAL.—The Secretary shall specify con-
sistent 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.—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00391 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–355PUBLIC LAW 106–113—APPENDIX F
‘‘(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 para-
graphs (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 addi- tional 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 attrib- utable 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 para- graph (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 Sec- retary 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 subpara- graphs (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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00392 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–356 PUBLIC LAW 106–113—APPENDIX F
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 Sec-
retary 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 immuno- suppressive drugs under the medicare program on a perma- nent basis. (2) CONSIDERATIONS.—In making recommendations under
paragraph (1)(B), the Secretary shall identify potential modi- fications to the immunosuppressive drug benefit that would best promote the objectives of—
(A) improving health outcomes (by decreasing trans- plant 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 Commis- sion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00393 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–357PUBLIC LAW 106–113—APPENDIX F
care following surgery). In conducting such study, the Commis- sion shall consider data on these centers gathered in demonstra- tion 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 rec- ommendations on the feasibility, costs, and savings of covering such services under the medicare program. (b) AHCPR STUDY ON EFFECT OF CREDENTIALING OF TECH-
NOLOGISTS 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 pro- grams 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 dif- ferences 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 improve- ment 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00394 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–358 PUBLIC LAW 106–113—APPENDIX F
on the Use of the False Claims Act in Civil Health Care Matters’’ issued by the Department of Justice on June 3, 1998, including any revisions to that guidance; and
(2) not later than April 1, 2000, and of each of the two succeeding years, submit a report on such compliance to the appropriate Committees of Congress.
TITLE III—PROVISIONS RELATING TO PARTS A AND B
Subtitle A—Home Health Services
SEC. 301. ADJUSTMENT TO REFLECT ADMINISTRATIVE COSTS NOT INCLUDED IN THE INTERIM PAYMENT SYSTEM; GAO REPORT ON COSTS OF COMPLIANCE WITH OASIS DATA COLLECTION REQUIREMENTS.
(a) ADJUSTMENT TO REFLECT ADMINISTRATIVE COSTS.— (1) IN GENERAL.—In the case of a home health agency
that furnishes home health services to a medicare beneficiary, for each such beneficiary to whom the agency furnished such services during the agency’s cost reporting period beginning in fiscal year 2000, the Secretary of Health and Human Services shall pay the agency, in addition to any amount of payment made under section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) for the beneficiary and only for such cost reporting period, an aggregate amount of $10 to defray costs incurred by the agency attributable to data collection and reporting requirements under the Outcome and Assessment Information Set (OASIS) required by reason of section 4602(e) of BBA (42 U.S.C. 1395fff note).
(2) PAYMENT SCHEDULE.— (A) MIDYEAR PAYMENT.—Not later than April 1, 2000,
the Secretary shall pay to a home health agency an amount that the Secretary estimates to be 50 percent of the aggre- gate amount payable to the agency by reason of this sub- section.
(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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00395 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–359PUBLIC LAW 106–113—APPENDIX F
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 agen- cies 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 Administra- tion 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 assess- ment of patients.
SEC. 302. DELAY IN APPLICATION OF 15 PERCENT REDUCTION IN PAY- MENT RATES FOR HOME HEALTH SERVICES UNTIL ONE YEAR AFTER IMPLEMENTATION OF PROSPECTIVE PAY- MENT 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00396 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–360 PUBLIC LAW 106–113—APPENDIX F
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 com- puted in a manner so that the total amounts pay- able 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 subpara- graph (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 Sec- retary 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00397 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–361PUBLIC LAW 106–113—APPENDIX F
imposed under clause (v) for such provider and period shall be increased by 2 percent.’’.
(b) INCREASE NOT INCLUDED IN PPS BASE.—The second sen- tence 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 overpay- ments 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00398 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–362 PUBLIC LAW 106–113—APPENDIX F
equipment to the extent provided for in such section)’’ after ‘‘home health services’’.
(b) CONFORMING AMENDMENT.—Section 1862(a)(21) (42 U.S.C. 1395y(a)(21)) is amended by inserting ‘‘(including medical supplies described in section 1861(m)(5), but excluding durable medical equipment to the extent provided for in such section)’’ after ‘‘home health services’’.
(c) EFFECTIVE DATE.—The amendments made by this section shall apply to payments for services provided on or after the date of enactment of this Act. SEC. 306. TECHNICAL AMENDMENT CLARIFYING APPLICABLE MARKET
BASKET INCREASE FOR PPS.
Section 1895(b)(3)(B)(ii)(I) (42 U.S.C. 1395fff(b)(3)(B)(ii)(I)) is amended by striking ‘‘fiscal year 2002 or 2003’’ and inserting ‘‘each of fiscal years 2002 and 2003’’. SEC. 307. STUDY AND REPORT TO CONGRESS REGARDING THE EXEMP-
TION OF RURAL AGENCIES AND POPULATIONS FROM INCLUSION IN THE HOME HEALTH PROSPECTIVE PAY- MENT 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 RESI- DENT 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 per- cent of the locality adjusted national average per resi- dent amount computed under subparagraph (E) for the hospital and period.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00399 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–363PUBLIC LAW 106–113—APPENDIX F
‘‘(iv) ADJUSTMENT IN RATE OF INCREASE FOR HOS- PITALS WITH FTE APPROVED AMOUNT ABOVE 140 PERCENT OF LOCALITY ADJUSTED NATIONAL AVERAGE PER RESI- DENT 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 pre- ceding cost reporting period exceeds 140 percent of the locality adjusted national average per resi- dent 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 pre- ceding cost reporting period exceeds 140 percent of the locality adjusted national average per resi- dent 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 sub- clause (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 hos- pital operating an approved graduate medical edu- cation program a single per resident amount equal to the average (weighted by number of full-time equiva- lent 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00400 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–364 PUBLIC LAW 106–113—APPENDIX F
‘‘(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 Sec- retary 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 para- graph (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 rep- resents 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 mid- point.’’.
(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 fol-
lowing (and conforming the indentation of the succeeding matter accordingly): ‘‘PERIODS.—
‘‘(i) IN GENERAL.—’’; and
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00401 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–365PUBLIC LAW 106–113—APPENDIX F
(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 RESI-
DENCY 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 subpara- graph (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 eligi- bility 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 resi- dency 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00402 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–366 PUBLIC LAW 106–113—APPENDIX F
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 sub- section shall take effect as if included in the amendment made by section 201 of the Health Insurance Portability and Account- ability 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))’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00403 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–367PUBLIC LAW 106–113—APPENDIX F
(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’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00404 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–368 PUBLIC LAW 106–113—APPENDIX F
(11) SECTION 4002.—Section 1866(a)(1) (42 U.S.C. 1395cc(a)(1)) is amended—
(A) in subparagraph (I)(iii), by striking the semicolon and inserting a comma;
(B) in subparagraph (N)(iv), by striking ‘‘and’’ at the end; and
(C) in subparagraph (O), by striking the semicolon at the end and inserting a comma. (12) SECTION 4321.—Section 1866(a)(1) (42 U.S.C.
1395cc(a)(1)) is amended— (A) in subparagraph (Q), by striking the semicolon
at the end and inserting a comma; and (B) in subparagraph (R), by inserting ‘‘, and’’ at the
end. (13) SECTION 4003.—Section 1882(g)(1) (42 U.S.C.
1395ss(g)(1)) is amended by striking ‘‘or’’ after ‘‘does not include’’.
(14) SECTION 4031.—Section 1882(s)(2)(D) (42 U.S.C. 1395ss(s)(2)(D)), is amended in the matter preceding clause (i), by inserting ‘‘section’’ after ‘‘as defined in’’.
(15) SECTION 4421.—Section 1886(b) (42 U.S.C. 1395ww(b)) is amended—
(A) in paragraph (1), in the matter following subpara- graph (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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00405 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–369PUBLIC LAW 106–113—APPENDIX F
TITLE IV—RURAL PROVIDER PROVISIONS
Subtitle A—Rural Hospitals
SEC. 401. PERMITTING RECLASSIFICATION OF CERTAIN URBAN HOS- PITALS 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 Sec- retary 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)’’;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00406 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–370 PUBLIC LAW 106–113—APPENDIX F
(2) by striking ‘‘published in the Federal Register on January 3, 1980’’ and inserting ‘‘described in clause (ii)’’; and
(3) by adding at the end the following new clause: ‘‘(ii) The standards described in this clause for cost reporting
periods beginning in a fiscal year— ‘‘(I) before fiscal year 2003, are the standards published
in the Federal Register on January 3, 1980, or, at the election of the hospital with respect to fiscal years 2001 and 2002, standards so published on March 30, 1990; and
‘‘(II) after fiscal year 2002, are the standards published in the Federal Register by the Director of the Office of Manage- ment 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 DES-
IGNATION 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 des-
ignate 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00407 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–371PUBLIC LAW 106–113—APPENDIX F
‘‘(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 SERV- ICES.—A critical access hospital may elect to be paid for out- patient 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 sec- tion 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)’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00408 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–372 PUBLIC LAW 106–113—APPENDIX F
SEC. 404. 5-YEAR EXTENSION OF MEDICARE DEPENDENT HOSPITAL (MDH) PROGRAM.
(a) EXTENSION OF PAYMENT METHODOLOGY.—Section 1886(d)(5)(G) (42 U.S.C. 1395ww(d)(5)(G)) is amended—
(1) in clause (i), by striking ‘‘and before October 1, 2001,’’ and inserting ‘‘and before October 1, 2006,’’; and
(2) in clause (ii)(II), by striking ‘‘and before October 1, 2001,’’ and inserting ‘‘and before October 1, 2006,’’. (b) CONFORMING AMENDMENTS.—
(1) EXTENSION OF TARGET AMOUNT.—Section 1886(b)(3)(D) (42 U.S.C. 1395ww(b)(3)(D)) is amended—
(A) in the matter preceding clause (i), by striking ‘‘and before October 1, 2001,’’ and inserting ‘‘and before October 1, 2006,’’; and
(B) in clause (iv), by striking ‘‘during fiscal year 1998 through fiscal year 2000’’ and inserting ‘‘during fiscal year 1998 through fiscal year 2005’’. (2) PERMITTING HOSPITALS TO DECLINE RECLASSIFICATION.—
Section 13501(e)(2) of Omnibus Budget Reconciliation Act of 1993 (42 U.S.C. 1395ww note), as amended by section 4204(a)(3) of BBA, is amended by striking ‘‘or fiscal year 2000’’ and inserting ‘‘or fiscal year 2000 through fiscal year 2005’’.
SEC. 405. REBASING FOR CERTAIN SOLE COMMUNITY HOSPITALS.
Section 1886(b)(3) (42 U.S.C. 1395ww(b)(3)) is amended— (1) in subparagraph (C), by inserting ‘‘subject to subpara-
graph (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 subpara- graph (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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00409 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–373PUBLIC LAW 106–113—APPENDIX F
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 PHYSI- CIAN 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 indenta- tion; and
(B) by adding at the end the following new clause: ‘‘(ii) COUNTING PRIMARY CARE RESIDENTS ON CER-
TAIN APPROVED LEAVES OF ABSENCE IN BASE YEAR FTE COUNT.—
‘‘(I) IN GENERAL.—In determining the number of such full-time equivalent residents for a hos- pital’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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00410 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–374 PUBLIC LAW 106–113—APPENDIX F
(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 physi- cians 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 PRO- GRAM THAT LOSES ACCREDITATION.—
(1) IN GENERAL.—Any applicable resident described in para- graph (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 resi- dent 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;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00411 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–375PUBLIC LAW 106–113—APPENDIX F
(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 resi- dency 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 HOS- PITALS 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 pur- poses of section 1886(d)); and
‘‘(ii) has less than 50 beds.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00412 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–376 PUBLIC LAW 106–113—APPENDIX F
‘‘(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 prospec- tive 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 com-
positions of the groups;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00413 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–377PUBLIC LAW 106–113—APPENDIX F
(6) the effect of State-specific budget neutrality compared to national budget neutrality; and
(7) whether there are sufficient controls over the inter- mediary 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 SERV-
ICES 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 fol- lowing 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 Feb- ruary 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’’;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00414 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–378 PUBLIC LAW 106–113—APPENDIX F
(3) in subsection (c)(2), by striking ‘‘and the source and amount of non-Federal funds used in the project’’;
(4) in subsection (d)(2)(A), by striking ‘‘at a rate of 50 percent of the costs that are reasonable and’’ and inserting ‘‘for the costs that are’’;
(5) in subsection (d)(2)(B)(i), by striking ‘‘(but only in the case of patients located in medically underserved areas)’’ and inserting ‘‘or at sites providing health care to patients located in medically underserved areas’’;
(6) in subsection (d)(2)(C)(i), by striking ‘‘to deliver medical informatics services under’’ and inserting ‘‘for activities related to’’; and
(7) by amending paragraph (4) of subsection (d) to read as follows:
‘‘(4) COST-SHARING.—The project may not impose 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 PRO- GRAM) AND OTHER MEDICARE MAN- AGED 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 termi- nation of such certification; or
‘‘(ii) the organization has terminated or otherwise dis- continued 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 subpara- graph:
‘‘(E)(i) An individual described in subparagraph (B)(ii) may elect to apply subparagraph (A) by substituting, for the date of
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00415 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–379PUBLIC LAW 106–113—APPENDIX F
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 INSTITU-
TIONALIZED INDIVIDUALS.—At any time after 2001 in the case of a Medicare+Choice eligible individual who is institu- tionalized (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.—Sec-
tion 1851(b)(1) (42 U.S.C. 1395w–21(b)(1)) is amended— (1) in subparagraph (A), by inserting ‘‘and except as pro-
vided 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 individ- uals 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 elec- tions 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00416 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–380 PUBLIC LAW 106–113—APPENDIX F
SEC. 502. CHANGE IN EFFECTIVE DATE OF ELECTIONS AND CHANGES OF ELECTIONS OF MEDICARE+CHOICE PLANS.
(a) OPEN ENROLLMENT.—Section 1851(f)(2) (42 U.S.C. 1395w– 21(f)(2)) is amended—
(1) by inserting ‘‘or change’’ before ‘‘is made’’; and (2) by inserting ‘‘, except that if such election or change
is made after the 10th day of any calendar month, then the election or change shall not take effect until the first day of the second calendar month following the date on which the election or change is made’’ before the period. (b) EFFECTIVE DATE.—The amendments made by this section
apply to elections and changes of coverage made on or after January 1, 2000. SEC. 503. 2-YEAR EXTENSION OF MEDICARE COST CONTRACTS.
Section 1876(h)(5)(B) (42 U.S.C. 1395mm(h)(5)(B)) is amended by striking ‘‘2002’’ and inserting ‘‘2004’’.
Subtitle B—Provisions To Facilitate Imple- mentation of the Medicare+Choice Pro- gram
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 capita- tion 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 capita- tion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00417 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–381PUBLIC LAW 106–113—APPENDIX F
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 cal- culated from data pertaining to the period prior to their disenrollment from a Medicare+Choice plan and the aver- age 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 recommenda- tions 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 Sec- retary 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00418 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–382 PUBLIC LAW 106–113—APPENDIX F
(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 pro- viders 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 legisla- tion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00419 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–383PUBLIC LAW 106–113—APPENDIX F
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 subpara- graph:
‘‘(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 excep- tions 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 MEDI-
CARE 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:
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00420 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–384 PUBLIC LAW 106–113—APPENDIX F
‘‘(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 serv- ices, 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 method- ology 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 seg- ments 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 COMMU- NITY 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:
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00421 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–385PUBLIC LAW 106–113—APPENDIX F
‘‘(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 subpara- graph (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 participa-
tion rules). ‘‘(C) TIMELY ACTION ON APPLICATIONS.—The Secretary
shall determine, within 210 days after the date the Sec- retary 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 sub- section (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 PRO-
VIDER 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00422 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–386 PUBLIC LAW 106–113—APPENDIX F
(B) by striking ‘‘or a non-network MSA plan’’ and inserting ‘‘, a non-network MSA plan, or a preferred pro- vider organization plan’’; (3) by adding at the end the following:
‘‘(D) DEFINITION OF PREFERRED PROVIDER ORGANIZA- TION 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 pro- vided 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 require- ments 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 deter- mines to be appropriate as a result of such study.
SEC. 521. CLARIFICATION OF NONAPPLICABILITY OF CERTAIN PROVI- SIONS 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00423 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–387PUBLIC LAW 106–113—APPENDIX F
‘‘(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 appropria- tion 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:
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00424 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–388 PUBLIC LAW 106–113—APPENDIX F
(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 enact- ment of this Act.
Subtitle C—Demonstration Projects and Special Medicare Populations
SEC. 531. EXTENSION OF SOCIAL HEALTH MAINTENANCE ORGANIZA- TION DEMONSTRATION (SHMO) PROJECT AUTHORITY.
(a) EXTENSION.—Section 4018(b) of the Omnibus Budget Rec- onciliation 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 Sec- retary 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 ORGANIZA- TION 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 expendi- tures that would have been made under title XVIII of the Social Security Act if such project had not been so extended.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00425 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–389PUBLIC LAW 106–113—APPENDIX F
(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 DEMONSTRA- TION 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 fol- lowing (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 Com- mittee 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 esti- mated 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 initi- ating a project site in a rural area, given the site specific budget neutrality requirements of the project under sub- section (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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00426 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–390 PUBLIC LAW 106–113—APPENDIX F
implications of expanding the project (in conjunction with the potential inclusion of the original medicare fee-for- service program) to require medicare supplemental insur- ance 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 speci- fied 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 bene- ficiary 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 partici- pate 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 Reconcili- ation 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 propor- tions 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 cir- cumstances that would permit discontinuance of the individual’s
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00427 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–391PUBLIC LAW 106–113—APPENDIX F
election under the first sentence of such section if such indi- vidual 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 PROFES- SIONAL 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 speci- fied by the Secretary in a manner consistent with the following:
‘‘(A) DETERMINATION OF MANAGED CARE ENROLLEE PAY- MENT RATIO FOR GRADUATE MEDICAL EDUCATION PAY- MENTS.—The Secretary shall estimate the ratio of payments for all hospitals for portions of cost reporting periods occur- ring 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 occur- ring 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 pay- ment under this subsection to a hospital for portions of
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00428 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–392 PUBLIC LAW 106–113—APPENDIX F
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 edu- cation 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 esti- mate a proportional adjustment in payments to all hospitals determined under clauses (i) and (ii) for por- tions 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 method- ology 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;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00429 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–393PUBLIC LAW 106–113—APPENDIX F
(B) includes medical diagnostic factors from all pro- vider settings (including hospital and nursing facility set- tings); and
(C) includes functional indicators of health status and such other factors as may be necessary to achieve appro- priate 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 sec- tion 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 medi- care supplemental policy.
(C) The availability of each type of medicare supple- mental policy to medicare beneficiaries over age 651⁄2.
(D) The number and type of medicare supplemental policies offered in each State.
(E) The average out-of-pocket costs (including pre- miums) per beneficiary under each type of medicare supple- mental 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 Gen-
eral shall conduct an annual audit of the expenditures by the Secretary of Health and Human Services during the pre- ceding 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00430 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–394 PUBLIC LAW 106–113—APPENDIX F
to Congress on the results of the audit of the expenditures of the preceding 3 years conducted pursuant to subsection (a), together with an evaluation of the effectiveness of the means used by the Secretary of Health and Human Services in providing information regarding the Medicare+Choice pro- gram 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 TRANSI- TIONAL 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 FEDER- ALLY-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 serv- ices 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 PAY- MENT RULES.—Section 4712(c) of BBA (111 Stat. 509) is amended by striking ‘‘2003’’ and inserting ‘‘2004’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00431 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–395PUBLIC LAW 106–113—APPENDIX F
(3) EFFECTIVE DATE.—The amendments made by this sub- section 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 evalu- ates 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 rec- ommendations 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.—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00432 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–396 PUBLIC LAW 106–113—APPENDIX F
(1) The amendment made by subsection (a)(1) applies to expenditures made on and after the date of the enactment of this Act.
(2) The amendments made by subsections (a)(2) and (b) apply as of such date as the Secretary of Health and Human Services certifies to Congress that the Secretary is fully imple- menting 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 MED- ICAID 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 OUT-
PATIENT 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’’;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00433 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–397PUBLIC LAW 106–113—APPENDIX F
(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 para- graph (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,’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00434 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–398 PUBLIC LAW 106–113—APPENDIX F
(t) Section 1925 (42 U.S.C. 1396r–6) is amended— (1) in subsection (a)(3)(C), by striking ‘‘(i)(VI) (i)(VII),,’’
and inserting ‘‘(i)(VI), (i)(VII),’’; and (2) in subsection (b)(3)(C)(i), by striking ‘‘(i)(IV) (i)(VI)
(i)(VII),,’’ and inserting ‘‘(i)(IV), (i)(VI), (i)(VII),’’. (u) Section 1927 (42 U.S.C. 1396r–8) is amended—
(1) in subsection (g)(2)(A)(ii)(II)(cc), by striking ‘‘individ- uals’’ 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00435 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–399PUBLIC LAW 106–113—APPENDIX F
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 PRE- CEDING FISCAL YEAR’S PROPORTION.—A floor of 90 per- cent 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 estab- lished under subparagraph (A)(iv)) so that (after the application of such floors and ceiling) such sum equals 1.0.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00436 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–400 PUBLIC LAW 106–113—APPENDIX F
‘‘(C) CONSTRUCTION.—This paragraph shall not be con- strued 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 Secu- rity 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 INSUR- ANCE 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 cov- erage, 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00437 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–401PUBLIC LAW 106–113—APPENDIX F
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 INSUR-
ANCE 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 con-
tracts 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 prac- tices, 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 pro- gram 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 appro- priated $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 avail- able 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.—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00438 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–402 PUBLIC LAW 106–113—APPENDIX F
‘‘(1) AUDIT.—Beginning with fiscal year 2000, and every third fiscal year thereafter, the Secretary, through the Inspector General of the Department of Health and Human Services, shall audit a sample from among the States described in para- graph (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 REQUIRE-
MENTS 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 Sec-
retary of Health and Human Services, through the Assistant Sec- retary 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’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00439 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–403PUBLIC LAW 106–113—APPENDIX F
(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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00440 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00441 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–405PUBLIC LAW 106–113—APPENDIX G
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 Secu-
rity 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 As-
pects 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 Foun-
dation 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, sci-
entific, cultural and related areas. Sec. 211. Report on international extradition.
Subtitle B—Consular Authorities Sec. 231. Machine readable visas.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00442 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–406 PUBLIC LAW 106–113—APPENDIX G
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 ar-
rears 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 perform-
ance 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 rec-
ommended 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 tech-
nical 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00443 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–407PUBLIC LAW 106–113—APPENDIX G
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 inter-
parliamentary 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 partici-
pation 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 oper-
ations. 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 estab-
lishment 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 polit-
ical, economic, and human rights matters in the People’s Republic of China.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00444 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–408 PUBLIC LAW 106–113—APPENDIX G
Sec. 873. Prisoner information registry for the People’s Republic of China.
TITLE IX—ARREARS PAYMENTS AND REFORM
Subtitle A—General Provisions Sec. 901. Short title. Sec. 902. Definitions.
Subtitle B—Arrearages to the United Nations
CHAPTER 1—AUTHORIZATION 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 or-
ganizations 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 So-
viet Union.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00445 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–409PUBLIC LAW 106–113—APPENDIX G
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 re-
serves 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 Ship-
pers’ 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 Coun-
ty 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00446 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–410 PUBLIC LAW 106–113—APPENDIX G
congressional committees’’ means the Committee on Inter- national 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 ‘‘Diplo-
matic 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 subpara- graph (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 author- ized 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 subpara- graph (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 MAINTE- NANCE.—For ‘‘Embassy Security, Construction and Mainte- nance’’, $434,066,000 for the fiscal year 2000 and $445,000,000 for the fiscal year 2001.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00447 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–411PUBLIC LAW 106–113—APPENDIX G
(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 appro- priated 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 ‘‘Inter- national 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 author-
ized 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00448 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–412 PUBLIC LAW 106–113—APPENDIX G
(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 humani- tarian 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 BUR- MESE.—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 resettle- ment 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 CUL- TURAL PROGRAMS.
(a) IN GENERAL.—The following amounts are authorized to be appropriated for the Department of State to carry out inter- national information activities and educational and cultural exchange programs under the United States Information and Edu- cational 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00449 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–413PUBLIC LAW 106–113—APPENDIX G
the fiscal year 2000 and $120,000,000 for the fiscal year 2001.
(B) OTHER EDUCATIONAL AND CULTURAL EXCHANGE PRO- GRAMS.—
(i) IN GENERAL.—For other educational and cul- tural 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 author- ized 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 author- ized 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 commit- tees for implementation of such program. The Sec- retary 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00450 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–414 PUBLIC LAW 106–113—APPENDIX G
(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 scholar- ship 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 Organiza- tions’’ $940,000,000 for the fiscal year 2000 and such sums as may be necessary for the fiscal year 2001 for the Department
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00451 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–415PUBLIC LAW 106–113—APPENDIX G
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 pur- poses.
(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 nec- essary 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 else- where 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 Over- sight Services to report directly to the Secretary Gen- eral 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 Over-
sight 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00452 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–416 PUBLIC LAW 106–113—APPENDIX G
(B) by striking ‘‘Inspector General’’ each place it appears and inserting ‘‘Office of Internal Oversight Serv- ices’’.
(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 nec- essary 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 contribu- tion to the World Food Program.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00453 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–417PUBLIC LAW 106–113—APPENDIX G
(2) UNITED NATIONS VOLUNTARY FUND FOR VICTIMS OF TOR- TURE.—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 appro- priated 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 con- tribution 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 inves- tigation 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 appro- priated 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 CONTRIBU-
TIONS 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 para- graph (2).
(2) CERTIFICATION.—The certification referred to in para- graph (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 pri- vate voluntary organizations that have been deemed inde- pendent of the State Peace and Development Council (SPDC) (formerly known as the State Law and Order Res- toration 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00454 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–418 PUBLIC LAW 106–113—APPENDIX G
(D) are carried out only after consultation with the leadership of the National League for Democracy and the leadership of the National Coalition Government of the Union of Burma.
(d) CONTRIBUTIONS TO THE UNITED NATIONS FUND FOR POPU- LATION 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 Popu- lation 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 appro- priated 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 Broad- casting Act of 1994, the Radio Broadcasting to Cuba Act, and
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00455 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–419PUBLIC LAW 106–113—APPENDIX G
the Television Broadcasting to Cuba Act, and to carry out other authorities in law consistent with such purposes:
(1) INTERNATIONAL BROADCASTING ACTIVITIES.—For ‘‘Inter- national Broadcasting Activities’’, $385,900,000 for the fiscal year 2000, and $393,618,000 for the fiscal year 2001.
(2) BROADCASTING CAPITAL IMPROVEMENTS.—For ‘‘Broad- casting 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 con- tinuity 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 Depart- ment 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 assist- ance 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00456 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–420 PUBLIC LAW 106–113—APPENDIX G
SEC. 202. STRENGTHENING IMPLEMENTATION OF THE HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTER- NATIONAL 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 para- graphs:
‘‘(6) A list of the countries that are parties to the Conven- tion 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 authori- ties 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, con- taining 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 not- withstanding any other provision of law, the Department of State may not obligate or expend any funds appropriated to the Depart- ment of State for a United States pavilion or other major exhibit at any international exposition or world’s fair registered by the
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00457 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–421PUBLIC LAW 106–113—APPENDIX G
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 respon- sibilities 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 partici- pation 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 uti- lized for United States participation in international fairs and expositions.
(C) Encouraging private support of United States pavil- ions 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 obliga- tion 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 congres- sional 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00458 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–422 PUBLIC LAW 106–113—APPENDIX G
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 investiga-
tive 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 Govern- ment 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 Inter- national 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00459 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–423PUBLIC LAW 106–113—APPENDIX G
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 For- eign Affairs Reform and Restructuring Act of 1998 (as enacted by division G of the Omnibus Consolidated and Emergency Supple- mental 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 Restruc- turing Act of 1998 (as enacted by division G of the Omnibus Consoli- dated 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 Develop- ment 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 develop- ment 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 protec- tion 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).
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00460 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–424 PUBLIC LAW 106–113—APPENDIX G
(8) Section 533(b) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 19991 (Public Law 101–513) (relating to international natural resource management initiatives).
(9) Section 3602 of the Omnibus Trade and Competitiveness Act of 1988 (Public Law 100–418; 22 U.S.C. 5352) (relating to foreign treatment of United States financial institutions).
(10) Section 1702 of the International Financial Institutions Act (Public Law 95–118; 22 U.S.C. 262r-1) (relating to operating summaries of the multilateral development banks).
(11) Section 1303(c) of the International Financial Institu- tions 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 Institu- tions Act (Public Law 95–118; 22 U.S.C. 262r) (relating to United States participation in international financial institu- tions).
(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 activi- ties).
(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 Democ- racy 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 partici- pation in joint funds under agreements for cooperation in environ- mental, scientific, cultural and related areas prior to fiscal year 1996 which, pursuant to express terms of such international agree- ments, were deposited in interest-bearing accounts prior to disburse- ment 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00461 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–425PUBLIC LAW 106–113—APPENDIX G
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 extra- dition 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 prac- tice; and
(5) discuss current priorities of the United States for nego- tiation of new extradition treaties and renegotiation of existing treaties, including resource factors relevant to such negotia- tions.
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 essen- tially duplicative affidavits of support in connection with separate immigrant visa applications from the spouse and children of any
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00462 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–426 PUBLIC LAW 106–113—APPENDIX G
petitioner required by the Immigration and Nationality Act to peti- tion 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 pro- viding 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.—Sec-
tion 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00463 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–427PUBLIC LAW 106–113—APPENDIX G
‘‘(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 cer- tificate 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 obliga- tions 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 begin- ning 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 adminis- trator of an estate in exceptional circumstances if expressly authorized to do so by the Secretary of State.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00464 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–428 PUBLIC LAW 106–113—APPENDIX G
‘‘(3) EXCEPTIONS.—The responsibilities described in para- graphs (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 trans- mission 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 sub- ject 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 PROP- ERTY.—If, upon the expiration of a period of 5 fiscal years beginning on October 1 after a consular officer takes posses- sion 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 trans- ferred to the miscellaneous receipts account of the Treasury of the United States. ‘‘(2) REAL PROPERTY.—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00465 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–429PUBLIC LAW 106–113—APPENDIX G
‘‘(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 author- ized 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 PROVI- SION 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 proce- dures 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 DISAS- TERS 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00466 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–430 PUBLIC LAW 106–113—APPENDIX G
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 Depart- ment 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 enact- ment 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 addi- tion, the consular posts in Guatemala City, Nicosia, Caracas, Naples, and Jakarta. Each report should include data on the aver- age 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00467 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–431PUBLIC LAW 106–113—APPENDIX G
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 consulta- tion with the Secretary of Health and Human Services, shall submit a report to the appropriate congressional committees, the Com- mittee 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00468 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–432 PUBLIC LAW 106–113—APPENDIX G
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 Gen- eral) 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 enact- ment 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 proc- essing for nationals of Vietnam during fiscal years 2000 and 2001, an alien described in subsection (b) or (d) shall be considered
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00469 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–433PUBLIC LAW 106–113—APPENDIX G
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 sub-
section (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 PER- SONNEL 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00470 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–434 PUBLIC LAW 106–113—APPENDIX G
should examine existing liaison offices of other executive depart- ments 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 pro-
gram 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 Representa- tives and the Committee on Foreign Relations and the Committee on Rules and Administration of the Senate the assessment devel- oped 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 tech- nology 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 con- strued (A) to interfere with the integration of administrative
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00471 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–435PUBLIC LAW 106–113—APPENDIX G
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 reprogram- ming 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 under- taken 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 substan- tially 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 Perma- nent Select Committee on Intelligence of the House of Representa- tives and the Committee on Foreign Relations and the Select Com- mittee 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00472 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–436 PUBLIC LAW 106–113—APPENDIX G
(d) FUNDING OF DTS-PO.—Funds appropriated for allocation to DTS-PO shall be made available only for DTS-PO until a com- prehensive 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 rec- ommendation 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 over- seas 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 rec- ommended 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00473 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–437PUBLIC LAW 106–113—APPENDIX G
(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 manage- ment 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 there- after, 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 fur- therance 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 exper- tise, 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 notifica- tion shall be submitted in the same manner as reports are required to be submitted under paragraph (4).’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00474 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–438 PUBLIC LAW 106–113—APPENDIX G
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 SEPARA- TION 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 dis- cipline.’’.
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 occur- rence 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00475 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–439PUBLIC LAW 106–113—APPENDIX G
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 cal- endar 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 griev- ance, 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 Inter- national 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 para- graph:
‘‘(4)(A) Whenever (and to the extent) the Secretary of State considers it in the best interests of the United States Govern- ment, 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 com- parability 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—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00476 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–440 PUBLIC LAW 106–113—APPENDIX G
‘‘(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 Inter- national 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 sec- tion.’’.
(b) CONFORMING AMENDMENT.—The table of contents for the Foreign Service Act of 1980 is amended by inserting after the item relating to section 413 the following new item:
‘‘Sec. 414. Border equalization pay adjustment.’’.
SEC. 334. TREATMENT OF CERTAIN PERSONS REEMPLOYED AFTER SERVICE WITH INTERNATIONAL ORGANIZATIONS.
(a) IN GENERAL.—Title 5 of the United States Code is amended by inserting after section 8432b the following new section:
‘‘§ 8432c. Contributions of certain persons reemployed after service with international organizations
‘‘(a) In this section, the term ‘covered person’ means any person who—
‘‘(1) transfers from a position of employment covered by chapter 83 or 84 or subchapter I or II of chapter 8 of the Foreign Service Act of 1980 to a position of employment with an international organization pursuant to section 3582;
‘‘(2) pursuant to section 3582 elects to retain coverage, rights, and benefits under any system established by law for the retirement of persons during the period of employment with the international organization and currently deposits the necessary deductions in payment for such coverage, rights, and benefits in the system’s fund; and
‘‘(3) is reemployed pursuant to section 3582(b) to a position covered by chapter 83 or 84 or subchapter I or II of chapter 8 of the Foreign Service Act of 1980 after separation from the international organization. ‘‘(b)(1) Each covered person may contribute to the Thrift Savings
Fund, in accordance with this subsection, an amount not to exceed the amount described in paragraph (2).
‘‘(2) The maximum amount which a covered person may con- tribute 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00477 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–441PUBLIC LAW 106–113—APPENDIX G
‘‘(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 con- tributions 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 sub- section (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 reemploy- ment 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 FOR- EIGN 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 pro- viding for their return to the United States.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00478 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–442 PUBLIC LAW 106–113—APPENDIX G
‘‘(2) A transfer allowance under this subsection may not be granted with respect to the spouse or a dependent of the employee unless, at the time of death, such spouse or dependent was residing—
‘‘(A) at the employee’s post of assignment; or ‘‘(B) at a place, outside the United States, for which a
separate maintenance allowance was being furnished under section 5924(3). ‘‘(3) The President may prescribe any regulations necessary
to carry out this subsection.’’.
SEC. 336. PARENTAL CHOICE IN EDUCATION.
Section 5924(4) of title 5, United States Code, is amended— (1) in subparagraph (A), by striking ‘‘between that post
and the nearest locality where adequate schools are available,’’ and inserting ‘‘between that post and the school chosen by the employee, not to exceed the total cost to the Government of the dependent attending an adequate school in the nearest locality where an adequate school is available,’’; and
(2) by adding at the end the following new subparagraph: ‘‘(C) In those cases in which an adequate school is
available at the post of the employee, if the employee chooses to educate the dependent at a school away from post, the education allowance which includes board and room, and periodic travel between the post and the school chosen, shall not exceed the total cost to the Government of the dependent attending an adequate school at the post of the employee.’’.
SEC. 337. MEDICAL EMERGENCY ASSISTANCE.
Section 5927 of title 5, United States Code, is amended to read as follows:
‘‘§ 5927. Advances of pay ‘‘(a) Up to three months’ pay may be paid in advance—
‘‘(1) to an employee upon the assignment of the employee to a post in a foreign area;
‘‘(2) to an employee, other than an employee appointed under section 303 of the Foreign Service Act of 1980 (and employed under section 311 of such Act), who—
‘‘(A) is a citizen of the United States; ‘‘(B) is officially stationed or located outside the United
States pursuant to Government authorization; and ‘‘(C) requires (or has a family member who requires)
medical treatment outside the United States, in cir- cumstances 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00479 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–443PUBLIC LAW 106–113—APPENDIX G
‘‘(B) requires medical treatment outside the country of employment of such foreign national employee or non- family 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 employ- ment’, 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 enact- ment 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 allega- tion of wrongdoing or assertion with respect to a mate- rial 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:
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00480 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–444 PUBLIC LAW 106–113—APPENDIX G
‘‘(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 protec-
tion 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 congres- sional committees on the benefits and compensation paid to the survivors and personal representatives of the United States Govern- ment 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 fol- lowing: ‘‘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 representa- tion within the agencies as well as relative rank, are not under- mined by discrimination within the newly reorganized Department of State.’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00481 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–445PUBLIC LAW 106–113—APPENDIX G
TITLE IV—UNITED STATES INFORMA- TIONAL, EDUCATIONAL, AND CUL- TURAL PROGRAMS
Subtitle A—Authorities and Activities
SEC. 401. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLAR- SHIPS FOR TIBETANS AND BURMESE.
(a) DESIGNATION OF NGAWANG CHOEPHEL EXCHANGE PRO- GRAMS.—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 Rela- tions 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, LAN- GUAGE, 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 consider- ation 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00482 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–446 PUBLIC LAW 106–113—APPENDIX G
‘‘(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 mis- siles 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 chem- ical 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.’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00483 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–447PUBLIC LAW 106–113—APPENDIX G
(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 sec- tion 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 sec- tion 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 Diplo- macy 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 Presi- dent submits to the appropriate congressional committees the report required by subsection (b) and the certification described in sub- section (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 partici- pated 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 sub- section 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—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00484 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–448 PUBLIC LAW 106–113—APPENDIX G
(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 appro- priate Federal agency, to ensure that training or exchange programs do not include RUC members who there are substantial grounds for believing have committed or con- doned 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 provi- sions of this subsection shall apply to any successor organiza- tion 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, tele- conferencing, and videoconferencing between and among stu- dents 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00485 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–449PUBLIC LAW 106–113—APPENDIX G
(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 oper- ating in Russia that receives technical assistance under the program; or
(B) Ukraine in the case of any eligible enterprise oper- ating in Ukraine that receives technical assistance under the program.
SEC. 423. AUTHORIZATION FOR TRAINING PROGRAM AND INTERN- SHIPS.
(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 adminis- tration, 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 pro- gram 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 busi- ness 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 enter- prises may file a joint application under the provisions of para- graph (1). (b) CONTENTS.—An application under subsection (a) may be
approved only if the application—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00486 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–450 PUBLIC LAW 106–113—APPENDIX G
(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 sub- title;
(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 applica- tions, provide information regarding training and teachers, monitor performance of the program, and coordinate appropriate post-pro- gram 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 sub- section (a) are authorized to remain available until expended.
TITLE V—UNITED STATES INTER- NATIONAL BROADCASTING ACTIVI- TIES
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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00487 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–451PUBLIC LAW 106–113—APPENDIX G
(4) by amending subsection (f) (as redesignated by para- graph (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 LIB-
ERTY).
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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00488 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–452 PUBLIC LAW 106–113—APPENDIX G
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 assist- ance, 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 inad- equate 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 Tan- zania.
(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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00489 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–453PUBLIC LAW 106–113—APPENDIX G
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 require- ments set forth in section 606.
(c) AVAILABILITY OF AUTHORIZATIONS.—Authorizations of appro- priations 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 diplo- matic 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 vulner- able 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 para- graph (1).
(B) EXCEPTION.—Funds authorized to be made avail- able 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00490 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–454 PUBLIC LAW 106–113—APPENDIX G
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 speci- fied 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 Secu- rity Environment Threat List shall contain a section that addresses potential acts of international terrorism against United States diplomatic facilities based on threat identi- fication 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 com- mander) will be located on the site.
(B) WAIVER AUTHORITY.— (i) IN GENERAL.—Subject to clause (ii), the Sec-
retary 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00491 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–455PUBLIC LAW 106–113—APPENDIX G
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 Sec-
retary 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 chan- cery or consulate building, the Secretary shall notify the appropriate congressional committees in writing of the waiver and the reasons for the deter- mination. (iii) REPORT TO CONGRESS.—The Secretary shall
submit to the appropriate congressional committees an annual report of all waivers under this subpara- graph.
(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 Sec-
retary 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 Sec-
retary 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 commit- tees 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 subpara- graph.
(4) CRISIS MANAGEMENT TRAINING.— (A) TRAINING OF HEADQUARTERS STAFF.—The appro-
priate personnel of the Department of State headquarters staff shall undertake crisis management training for mass casualty and mass destruction incidents relating to diplo- matic facilities for the purpose of bringing about a rapid response to such incidents from Department of State head- quarters in Washington, D.C.
(B) TRAINING OF PERSONNEL ABROAD.—A program of appropriate instruction in crisis management shall be pro- vided to personnel at United States diplomatic facilities abroad at least on an annual basis.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00492 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–456 PUBLIC LAW 106–113—APPENDIX G
(5) DIPLOMATIC SECURITY TRAINING.—Not later than six months after the date of the enactment of this Act, the Sec- retary 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 main- tained 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 avail- ability 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 indemnifica- tion insurance or guarantees if necessary and appro- priate.
(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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00493 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–457PUBLIC LAW 106–113—APPENDIX G
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 situa- tion 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 pro- vided 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 diplo- matic 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 mis- sions 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, bal- ancing 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00494 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–458 PUBLIC LAW 106–113—APPENDIX G
(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 Govern- ment mission abroad, and in any case of a serious breach of security involving intelligence activities of a foreign govern- ment 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 Depart- ment of Defense with respect to which the Secretary has dele- gated 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 appro- priate 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 sub- section (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 chair- man 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00495 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–459PUBLIC LAW 106–113—APPENDIX G
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 oper- ational plan and site selection to expeditiously establish an Inter- national 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 Reso-
lution to authorize participation by the United States in par- liamentary conferences of the North Atlantic Treaty Organiza- tion’’, 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 Legis- lative 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 GOVERN- MENTS.
(a) AUTHORITY.—The Commissioner of the United States section of the International Boundary and Water Commission may provide
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00496 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–460 PUBLIC LAW 106–113—APPENDIX G
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 appro- priation 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 INTER- NATIONAL 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 Con- gress 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 organiza- tions 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 participa- tion 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 appro- priated 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00497 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–461PUBLIC LAW 106–113—APPENDIX G
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 estab- lished by the Rome Statute of the International Criminal Court, adopted by the United Nations Diplomatic Conference of Pleni- potentiaries 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 author- ized 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 re- extradition apply to such surrender or gives other satisfactory assur- ances 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 COUN- TRIES.—None of the funds authorized to be appropriated or other- wise 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.’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00498 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–462 PUBLIC LAW 106–113—APPENDIX G
(b) AMENDMENT TO THE IAEA PARTICIPATION ACT OF 1957.— Section 2(a) of the International Atomic Energy Agency Participa- tion 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 PALESTIN- IANS.
(a) CONGRESSIONAL STATEMENT.—It shall be the policy of the United States to promote an end to the persistent inequity experi- enced 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 Sec- retary of State shall submit a report to the appropriate congres- sional 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 organiza- tion.
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:
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00499 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–463PUBLIC LAW 106–113—APPENDIX G
‘‘SEC. 554. DATA ON COSTS INCURRED IN SUPPORT OF UNITED NATIONS PEACEKEEPING OPERATIONS.
‘‘(a) UNITED STATES COSTS.—The President shall annually pro- vide 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 facili- tate or assist the participation of that country in the oper- ation. ‘‘(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 enact- ment 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00500 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–464 PUBLIC LAW 106–113—APPENDIX G
‘‘(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 assist-
ance 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 Representa- tives, 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00501 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–465PUBLIC LAW 106–113—APPENDIX G
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 Presi- dent 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 Secu- rity 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 assist- ance 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 Participa- tion 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 PEACE- KEEPING OPERATIONS.—
‘‘(1) CONSULTATIONS.—Each month the President shall con- sult with Congress on the status of United Nations peace- keeping 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 peace- keeping 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 arrange- ments 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 oper- ation during the period covered by the resolution (including the provision of facilities, training, transpor- tation, 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00502 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–466 PUBLIC LAW 106–113—APPENDIX G
‘‘(B) With respect to each new United Nations peace- keeping operation that is anticipated to be authorized by a Security Council resolution during such month, the fol- lowing information for the period covered by the resolution:
‘‘(i) The anticipated duration, mandate, and com- mand 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 other- wise operate in support of the operation, and an esti- mate of the cost to the United States of such participa- tion 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 cir- cumstances 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00503 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–467PUBLIC LAW 106–113—APPENDIX G
Nations peacekeeping operation’ includes any existing or other- wise 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 assist- ance 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 quar-
terly reports to the designated congressional commit- tees 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 Com- mittee 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:
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00504 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–468 PUBLIC LAW 106–113—APPENDIX G
‘‘(g) RELATIONSHIP TO OTHER NOTIFICATION REQUIREMENTS.— Nothing in this section is intended to alter or supersede any notifica- tion 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 ENFORCE- MENT 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 establish- ment 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 congres- sional 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 Restruc- turing 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 ‘‘DIVISIONl’’ 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00505 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–469PUBLIC LAW 106–113—APPENDIX G
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 repatri- ation 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 execu- tive 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.’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00506 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–470 PUBLIC LAW 106–113—APPENDIX G
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 congres- sional committees regarding terrorist attacks in Israel, in territory administered by Israel, and in territory administered by the Pales- tinian 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 Pales- tinian Authority and which suspects are in the custody of Israel;
(ii) which suspects are still at large in areas con- trolled 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 authori- ties, 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 Sep- tember 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00507 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–471PUBLIC LAW 106–113—APPENDIX G
(7) A list of any terrorist suspects in these cases who are members of Palestinian police or security forces, the Pal- estine 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 avail- able. (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 con- tained 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 fol- lowing: ‘‘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 Punish- ment 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).’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00508 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–472 PUBLIC LAW 106–113—APPENDIX G
Subtitle B—North Korea Threat Reduction
SEC. 821. SHORT TITLE.
This subtitle may be cited as the ‘‘North Korea Threat Reduc- tion 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 tech- nology 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 compli- ance 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 pursu- ant 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, require- ments, and restrictions contained in the Atomic Energy Act of 1954 and other laws.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00509 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–473PUBLIC LAW 106–113—APPENDIX G
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 Dec- laration 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 abor- tion and forced sterilization; prostitution, trafficking in women and children, and the abuse of children all are problems.’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00510 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–474 PUBLIC LAW 106–113—APPENDIX G
(F) ‘‘The Government continued to restrict tightly worker rights, and forced labor remains a problem.’’.
(G) ‘‘Serious human rights abuses persisted in minority areas, including Tibet and Xinjiang, where restrictions on religion and other fundamental freedoms intensified.’’.
(H) ‘‘Unapproved religious groups, including Protestant and Catholic groups, continued to experience varying degrees of official interference and repression.’’.
(I) ‘‘Although the Government denies that it holds polit- ical 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 Conven- tion Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and is a signatory to the Inter- national Covenant on Civil and Political Rights and the Cov- enant 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 Depart- ment 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 Peo- ple’s Republic of China’’.
(b) INFORMATION IN REGISTRY.—The registry required by sub- section (a) shall include information on the charges, judicial proc- esses, administrative actions, uses of forced labor, incidents of tor- ture, 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00511 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–475PUBLIC LAW 106–113—APPENDIX G
(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 Rep- resentatives.
(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.—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00512 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–476 PUBLIC LAW 106–113—APPENDIX G
(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 ‘‘Con- tributions 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 appro- priated by title IV of the Departments of Commerce, Jus- tice, and State, the Judiciary, and Related Agencies Appro- priations 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 Appro- priations 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 obliga- tion and expenditure subject to the provisions of this title.
(3) FISCAL YEAR 2000.—There are authorized to be appro- priated 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 peace-
keeping 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 CER- TIFICATION REQUIREMENTS.—Subject to subsections (e) and (f), funds made available pursuant to section 911 may be obligated and
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00513 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–477PUBLIC LAW 106–113—APPENDIX G
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 notwith- standing 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 satis- fied.
(2) REQUIREMENTS.— (A) IN GENERAL.—The authority to waive the condition
described in paragraph (1) of this subsection may be exer- cised 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 appro- priate 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 notwith-
standing 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.—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00514 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–478 PUBLIC LAW 106–113—APPENDIX G
(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 Sep- tember 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 appro- priate congressional committees in accordance with the same proce- dures as are applicable to reprogramming notifications under sec- tion 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.—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00515 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–479PUBLIC LAW 106–113—APPENDIX G
(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 subpara- graph (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 affili- ated 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 BOR-
ROWING.—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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00516 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–480 PUBLIC LAW 106–113—APPENDIX G
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 cer- tification 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 condi- tions 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 estab- lished under this paragraph may be referred to as the ‘‘con- tested 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 oper- ation 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 organiza- tion are satisfied, regardless of whether the conditions in sub- section (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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00517 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–481PUBLIC LAW 106–113—APPENDIX G
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 special- ized 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 pro- grams 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 investiga- tions.
(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 cooper- ating in any investigation or inspection by, the inspector general of the agency.
(E) COMPLIANCE WITH RECOMMENDATIONS.—Each des- ignated 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00518 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–482 PUBLIC LAW 106–113—APPENDIX G
(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 expendi- tures by functional categories such as personnel, travel, and equipment. (4) SUNSET POLICY FOR CERTAIN UNITED NATIONS PRO-
GRAMS.— (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 con- duct 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 Over-
sight Services has developed a standardized method- ology 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.—Pat- terned on the work of the Office of Internal Oversight Services of the United Nations, each designated specialized agency has developed a standardized meth- odology 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 para- graph, including the identification of programs that have met criteria for continuing relevance and effectiveness and proposals to terminate or modify pro- grams 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00519 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–483PUBLIC LAW 106–113—APPENDIX G
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 ADMINISTRA-
TIVE 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 budg- etary biennium, have more total assessed contributions than any other United Nations member state to the aggre- gate 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 evalua- tion system.
(D) PERIODIC ASSESSMENTS.—The United Nations has established and is implementing a mechanism to conduct periodic assessments of the United Nations payroll to deter- mine total staffing, and the results of such assessments
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00520 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–484 PUBLIC LAW 106–113—APPENDIX G
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 recommenda- tions 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 REGULA- TIONS.—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 func- tional 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 Organiza- tion;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00521 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–485PUBLIC LAW 106–113—APPENDIX G
(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 with- drawn including the costs of the merger of such organization into the United Nations; or
(4) the World Tourism Organization, or any other inter- national organization with respect to which Congress has rescinded funding.
DIVISION B—ARMS CONTROL, NON- PROLIFERATION, AND SECURITY AS- SISTANCE PROVISIONS
SEC. 1001. SHORT TITLE.
This division may be cited as the ‘‘Arms Control, Nonprolifera- tion, 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 Nonprolifera- tion 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 Com- mittee 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 Offen- sive 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 memo- randum of understanding, signed at Moscow on January 3, 1993.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00522 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–486 PUBLIC LAW 106–113—APPENDIX G
Subtitle A—Arms Control CHAPTER 1—EFFECTIVE VERIFICATION OF
COMPLIANCE WITH ARMS CONTROL AGREEMENTS
SEC. 1111. KEY VERIFICATION ASSETS FUND.
(a) IN GENERAL.—The Secretary of State is authorized to transfer funds available to the Department of State under this section to the Department of Defense, the Department of Energy, or any agency, entity, or component of the intelligence community, as needed, for retaining, researching, developing, or acquiring tech- nologies 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 Inter- national 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 appro-
priate. (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 disar- mament agreements or commitments.
(2) PARTICIPATION OF THE ASSISTANT SECRETARY.—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00523 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–487PUBLIC LAW 106–113—APPENDIX G
(A) PRIMARY ROLE.—Except as provided in subpara- graphs (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 poli- cies, 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 inter- agency group or organization, or meeting thereof, working with exceptionally sensitive information con- tained 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 provi- sion 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 commit- tees 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)—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00524 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–488 PUBLIC LAW 106–113—APPENDIX G
(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 prac-
ticable 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 Con-
trol 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 discus- sion 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 Assist- ance 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 enact- ment 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 activi- ties associated with the START Treaty and the START II Treaty.
(2) The specific intelligence community assets and capabili- ties, 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, compart-
mented 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00525 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–489PUBLIC LAW 106–113—APPENDIX G
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 sub- sections (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, non- proliferation, 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 Rep- resentatives 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 Com- mittee on Foreign Relations of the Senate and to the Committee on International Relations of the House of Representatives promptly.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00526 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–490 PUBLIC LAW 106–113—APPENDIX G
CHAPTER 2—MATTERS RELATING TO THE CONTROL OF BIOLOGICAL WEAPONS
SEC. 1121. SHORT TITLE.
This chapter may be cited as the ‘‘National Security and Cor- porate 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 Stock- piling of Bacteriological (Biological) and Toxin Weapons and on their Destruction.
(2) COMPLIANCE PROTOCOL.—The term ‘‘compliance pro- tocol’’ means that segment of a bilateral or multilateral agree- ment that enables investigation of questions of compliance entailing written data or visits to facilities to monitor compli- ance. (3) INDUSTRY.—The term ‘‘industry’’ means any corporate or
private sector entity engaged in the research, development, produc- tion, import, and export of peaceful pharmaceuticals and bio-techno- logical 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 rep- resents 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 there- fore 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 bene- ficial 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 ‘‘dif- ficult’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00527 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–491PUBLIC LAW 106–113—APPENDIX G
(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 offen- sive 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 investiga- tion 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 nego- tiations 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 con- ducted at such sites as academic institutions, vaccine production
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00528 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–492 PUBLIC LAW 106–113—APPENDIX G
facilities, and pharmaceutical and biotechnology firms in the United States.
(c) PARTICIPATION BY DEFENSE DEPARTMENT AND OTHER APPRO- PRIATE 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 pursu- ant to subsection (a); and
(2) in each trial investigation or trial visit conducted pursu- ant to subsection (b), except for any investigation or visit in which the host facility requests that such personnel not partici- pate,
for the purpose of assessing the information security implications of such investigation or visit. The Secretary of Defense, in coordina- tion 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 Rela- tions 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00529 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–493PUBLIC LAW 106–113—APPENDIX G
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 para-
graph (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 Com- mittee 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 Stock- pile 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 produc- tion 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,
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00530 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–494 PUBLIC LAW 106–113—APPENDIX G
reprocessed, or assembled at that facility, including fuel ele- ments exported or supplied by Russia to a third party, will be subject to international monitoring and transparency suffi- cient 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 Representa- tives 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 Commis- sion 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 Govern- ment 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00531 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–495PUBLIC LAW 106–113—APPENDIX G
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 pre- vious 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 equip- ment 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, notwith- standing 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 equip- ment 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 subpara-
graphs (A) and (B), respectively, and moving such subpara- graphs 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), sub-
section (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 Representa- tives that—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00532 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–496 PUBLIC LAW 106–113—APPENDIX G
‘‘(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 oper- ations 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00533 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–497PUBLIC LAW 106–113—APPENDIX G
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 Demili- tarization 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 sub- section (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 begin- ning 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 COUN- TRIES.
(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 notifica- tion 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 pro- posed transfer of a defense article described in subsection (a) shall
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00534 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–498 PUBLIC LAW 106–113—APPENDIX G
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 coun- try’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 equip- ment, 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 certifi- cation 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’.’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00535 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–499PUBLIC LAW 106–113—APPENDIX G
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 For-
eign 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 For- eign 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 concur- rence of the Secretary of State, any or all of the items described in paragraph (2).
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00536 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–500 PUBLIC LAW 106–113—APPENDIX G
(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 conces- sions 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 world- wide, 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 under- mine 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 coun- tries, 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 non- defense industrial sectors.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00537 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–501PUBLIC LAW 106–113—APPENDIX G
(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 partici- pation 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 eco- nomic 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 mili- tary 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 commit- ment 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 trans- actions between the United States and its trading partners and competitors;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00538 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–502 PUBLIC LAW 106–113—APPENDIX G
(2) the Secretary of Defense, the Secretary of State, the Secretary of Commerce, and the United States Trade Represent- ative, 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 inter- national defense trade;
(3) the United States Government should enter into discus- sions 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 trans- mittal 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 pursu-
ant 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00539 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–503PUBLIC LAW 106–113—APPENDIX G
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 concur- rence 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 com-
pany 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00540 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–504 PUBLIC LAW 106–113—APPENDIX G
(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 meas-
ures 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 regula- tions, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employ- ment of an executive director shall be subject to confirma- tion 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 Gen- eral 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00541 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–505PUBLIC LAW 106–113—APPENDIX G
(4) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Government employee may be detailed to the Commission with- out reimbursement, and such detail shall be without interrup- tion or loss of civil service status or privilege.
(5) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV- ICES.—The Chairman of the Commission may procure tem- porary 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 deter- mine 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 pursu- ant to subsection (a), and, if the President determines a multilateral treaty is feasible or desirable, a strategy for United States negotia- tion 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 commit- tees 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 appro- priate 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 Con- gress 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’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00542 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–506 PUBLIC LAW 106–113—APPENDIX G
SEC. 1252. MANDATORY USE OF THE AUTOMATED EXPORT SYSTEM FOR FILING CERTAIN SHIPPERS’ EXPORT DECLARA- TIONS.
(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 informa- tion 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 accept- able 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00543 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–507PUBLIC LAW 106–113—APPENDIX G
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 Auto- mated Export System can most effectively be used, consistent with the need to ensure the confidentiality of business informa- tion, 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 Intel- ligence 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 commit-
tees 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).
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00544 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–508 PUBLIC LAW 106–113—APPENDIX G
(2) COMMERCE CONTROL LIST.—The term ‘‘Commerce Con- trol 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 negotia- tions 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 cri- teria 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 secu-
rity 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 citi- zens; 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;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00545 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–509PUBLIC LAW 106–113—APPENDIX G
(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 rec- ognized human rights;
(C) permits access on a regular basis to political pris- oners 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00546 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–510 PUBLIC LAW 106–113—APPENDIX G
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 sub-
sections (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 pub- lished’’; 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 sub- section (b);
‘‘(2) each notification of a proposed commercial sale sub- mitted 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 informa- tion’’.
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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00547 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–511PUBLIC LAW 106–113—APPENDIX G
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 trans-
fers.’’ 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 equip-
ment 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 there- under and further may commence a civil action to recover such civil penalties, and except further that’’. SEC. 1304. VIOLATIONS RELATING TO MATERIAL SUPPORT TO TERROR-
ISTS.
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 re- transfer and end-use, such requests may be favorably consid- ered.
(3) Such retransfers to private entities have been author- ized 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00548 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–512 PUBLIC LAW 106–113—APPENDIX G
of HS Rodos (ex-U.S.S. Bowman County (LST 391)) to the USS LST Ship Memorial, Inc.
(2) CONDITIONS FOR CONSENT.—The President should not exercise the authority under paragraph (1) unless USS LST Memorial, Inc.—
(A) utilizes the vessel for public, nonprofit, 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 haz- ards 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 MILI- TARY 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 MILI- TARY 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 inter- national 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 per- sonnel 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:
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00549 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–513PUBLIC LAW 106–113—APPENDIX G
‘‘(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 oper- ation, and the location of the training.
‘‘(2) For each country, the aggregate number of students trained and the aggregate cost of the military training activi- ties.
‘‘(3) With respect to United States personnel, the oper- ational benefits to United States forces derived from each mili- tary 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 congres- sional 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 fol- lowing:
(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 ACTIVI-
TIES.
(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).
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00550 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–514 PUBLIC LAW 106–113—APPENDIX G
(2) REQUIREMENTS.—For proposed exports to those nations which meet the requirements of paragraph (1), the regime should include expedited processing of requests for export authorizations that—
(A) are time-critical, including a transfer or exchange of information relating to a satellite failure or anomaly in-flight or on-orbit;
(B) are required to submit bids to procurements offered by foreign persons;
(C) relate to the re-export of unimproved materials, products, or data; or
(D) are required to obtain launch and on-orbit insur- ance. (3) ADDITIONAL REQUIREMENTS.—In establishing the regu-
latory 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 Depart- ment 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 Con- trols 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 pro- moting 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 Inter- national 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, auto- matic small arms, technical data, parts and components, and other weapons;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00551 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–515PUBLIC LAW 106–113—APPENDIX G
(B) the percentage of each category staffed to other agencies;
(C) the average and median time taken for the proc- essing 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 para- graph, 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 improve- ments.
(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 fur- thering 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00552 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–516 PUBLIC LAW 106–113—APPENDIX G
and scale of the issue, including stockpile security and destruc- tion 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 Depart- ment 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 Depart- ment of State in providing information and policy coordina- tion 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 agree- ments. (b) DEFINITION.—In this section, the term ‘‘appropriate commit-
tees of Congress’’ means the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate and the Com- mittee on International Relations and the Permanent Select Com- mittee 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 Com- mittee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives,’’ after ‘‘congressional defense committees’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00553 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–517PUBLIC LAW 106–113—APPENDIX H
APPENDIX H—H.R. 3428
SECTION 1. USE OF OPTION 1A AS PRICE STRUCTURE FOR CLASS I MILK UNDER CONSOLIDATED FEDERAL MILK MAR- KETING 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 differen- tials identified as Option 1A ‘‘Location-Specific Differentials Anal- ysis’’ in the proposed rule published in the Federal Register on January 30, 1998 (63 Fed. Reg. 4802, 4809), except that the Sec- retary 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 Agricul- tural Adjustment Act (7 U.S.C. 608c), reenacted with amend- ments by the Agricultural Marketing Agreement Act of 1937.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00554 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–518 PUBLIC LAW 106–113—APPENDIX H
(3) The Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking.
(4) Chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act).
(5) Any decision, restraining order, or injunction issued by a United States court before the date of the enactment of this Act.
SEC. 2. FURTHER RULEMAKING TO DEVELOP PRICING METHODS FOR CLASS III AND CLASS IV MILK UNDER MARKETING ORDERS.
(a) CONGRESSIONAL FINDING.—The Class III and Class IV milk pricing formulas included in the final decision for the consolidation and reform of Federal milk marketing orders, as published in the Federal Register on April 2, 1999 (64 Fed. Reg. 16025), do not adequately reflect public comment on the original proposed rule published in the Federal Register on January 30, 1998 (63 Fed. Reg. 4802), and are sufficiently different from the proposed rule and any comments submitted with regard to the proposed rule that further emergency rulemaking is merited.
(b) RULEMAKING REQUIRED.—The Secretary of Agriculture shall conduct rulemaking, on the record after an opportunity for an agency hearing, to reconsider the Class III and Class IV milk pricing formulas included in the final rule for the consolidation and reform of Federal milk marketing orders that was published in the Federal Register on September 1, 1999 (64 Fed. Reg. 47897– 48021).
(c) TIME PERIOD FOR RULEMAKING.—On December 1, 2000, the Secretary of Agriculture shall publish in the Federal Register a final decision on the Class III and Class IV milk pricing formulas. The resulting formulas shall take effect, and be implemented by the Secretary, on January 1, 2001.
(d) EFFECT OF COURT ORDER.—The actions authorized by sub- sections (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 Sec- retary 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00555 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–519PUBLIC LAW 106–113—APPENDIX H
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 Agree- ment 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 Agri- culture 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 for- eign 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00556 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–520 PUBLIC LAW 106–113—APPENDIX H
the House of Representatives a report containing the results of the study.’’.
SEC. 4. CONTINUATION OF CONGRESSIONAL CONSENT FOR NORTH- EAST 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 Sep- tember 30, 2001.’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00557 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–521PUBLIC LAW 106–113—APPENDIX I
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 car-
riers 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00558 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–522 PUBLIC LAW 106–113—APPENDIX I
Sec. 4206. Effective date.
Subtitle C—First Inventor Defense Sec. 4301. Short title. Sec. 4302. Defense to patent infringement based on earlier inventor. Sec. 4303. Effective date and applicability.
Subtitle D—Patent Term Guarantee 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 re-
spect 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00559 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–523PUBLIC LAW 106–113—APPENDIX I
Sec. 4804. Electronic filing and publications. Sec. 4805. Study and report on biological deposits in support of biotechnology pat-
ents. 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 Improve- ment Act of 1999’’. SEC. 1002. LIMITATIONS ON EXCLUSIVE RIGHTS; SECONDARY TRANS-
MISSIONS BY SATELLITE CARRIERS WITHIN LOCAL MAR- KETS.
(a) IN GENERAL.—Chapter 1 of title 17, United States Code, is amended by adding after section 121 the following new section:
‘‘§ 122. Limitations on exclusive rights; secondary trans- missions by satellite carriers within local markets
‘‘(a) SECONDARY TRANSMISSIONS OF TELEVISION BROADCAST STA- TIONS BY SATELLITE CARRIERS.—A secondary transmission of a performance or display of a work embodied in a primary trans- mission 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 car- rier 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 gov- erning 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 trans- mission; or
‘‘(B) a distributor that has contracted with the satellite carrier for direct or indirect delivery of the secondary trans- mission 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 com- mencing such secondary transmissions, submit to the network
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00560 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–524 PUBLIC LAW 106–113—APPENDIX I
that owns or is affiliated with the network station a list identi- fying (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 sub- section may be used only for the purposes of monitoring compli- ance 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 sub- section (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 perform- ance 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 rem- edies provided by sections 502 through 506 and sections 509 and 510, if the content of the particular program in which the perform- ance 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 sec- ondary transmission to the public by a satellite carrier of a primary transmission embodying a performance or display of
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00561 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–525PUBLIC LAW 106–113—APPENDIX I
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 sub- scriber; 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 broad- cast 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 sub- section (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 TRANS- MISSIONS.—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 trans- missions by satellite carriers of programming contained in a primary
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00562 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–526 PUBLIC LAW 106–113—APPENDIX I
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 publica- tion. ‘‘(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 noncommer- cial 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).’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00563 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–527PUBLIC LAW 106–113—APPENDIX I
(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 infringe- ment 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 trans- mission 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 tele- vision broadcast station’s rights under section 338(a) of the Commu- nications 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 CAR-
RIERS.
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 pur-
poses of section 802, with respect to royalty fees paid by satellite carriers for retransmitting the Public Broadcasting Service sat- ellite 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 house- hold’, 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00564 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–528 PUBLIC LAW 106–113—APPENDIX I
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 HOUSE-
HOLDS.— ‘‘(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 net- work stations in a single day for each television net- work to persons who reside in unserved households.
‘‘(ii) ACCURATE DETERMINATIONS OF ELIGIBILITY.— ‘‘(I) ACCURATE PREDICTIVE MODEL.—In deter-
mining presumptively whether a person resides in an unserved household under subsection (d)(10)(A), a court shall rely on the Individual Loca- tion 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 per- son resides in an unserved household under sub- section (d)(10)(A), a court shall rely on section 339(c)(4) of the Communications Act of 1934. ‘‘(iii) C-BAND EXEMPTION TO UNSERVED HOUSE-
HOLDS.— ‘‘(I) IN GENERAL.—The limitations of clause (i)
shall not apply to any secondary transmissions by C-band services of network stations that a sub- scriber to C-band service received before any termi- nation 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 sat- ellite carrier of a performance or display of a work embodied in a primary transmission made by a network station to
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00565 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–529PUBLIC LAW 106–113—APPENDIX I
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 reg- ular 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 retrans- mitted 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 Communica- tions 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 net- work 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 termi- nated 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 EXEMP- TION.—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 regula- tions 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 sat- ellite carrier that proposes to make a secondary trans- mission of a network station to the operator of such a recreational vehicle or commercial truck complies with the documentation requirements under subpara- graphs (B) and (C).
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00566 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–530 PUBLIC LAW 106–113—APPENDIX I
‘‘(iii) EXCLUSION.—For purposes of this subpara- graph, 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:
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00567 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–531PUBLIC LAW 106–113—APPENDIX I
‘‘(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 COMMIS- SION 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 Communica- tions 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 Communica- tions 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 Commu- nications 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 tele- vision broadcast station signals.’’.
SEC. 1008. RULES FOR SATELLITE CARRIERS RETRANSMITTING TELE- VISION 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.—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00568 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–532 PUBLIC LAW 106–113—APPENDIX I
‘‘(1) IN GENERAL.—Subject to the limitations of paragraph (2), each satellite carrier providing, under section 122 of title 17, United States Code, secondary transmissions to subscribers located within the local market of a television broadcast station of a primary transmission made by that station shall carry upon request the signals of all television broadcast stations located within that local market, subject to section 325(b).
‘‘(2) REMEDIES FOR FAILURE TO CARRY.—The remedies for any failure to meet the obligations under this subsection shall be available exclusively under section 501(f ) of title 17, United States Code.
‘‘(3) EFFECTIVE DATE.—No satellite carrier shall be required to carry local television broadcast stations under paragraph (1) until January 1, 2002. ‘‘(b) GOOD SIGNAL REQUIRED.—
‘‘(1) COSTS.—A television broadcast station asserting its right to carriage under subsection (a) shall be required to bear the costs associated with delivering a good quality signal to the designated local receive facility of the satellite carrier or to another facility that is acceptable to at least one-half the stations asserting the right to carriage in the local market.
‘‘(2) REGULATIONS.—The regulations issued under sub- section (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 net- work unless such stations are licensed to communities in dif- ferent 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 nondiscrim- inatory 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 consider- ation in exchange either for carriage of local television broadcast stations in fulfillment of the requirements of this section or for
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00569 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–533PUBLIC LAW 106–113—APPENDIX I
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 com- plaint 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 argu- ments 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 Commis- sion 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 deter- mines that the satellite carrier has fully met the requirements of such subsections, the Commission shall dismiss the com- plaint. ‘‘(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 pro- ceeding. 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00570 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–534 PUBLIC LAW 106–113—APPENDIX I
‘‘(4) SATELLITE CARRIER.—The term ‘satellite carrier’ has the meaning given such term under section 119(d) of title 17, United States Code.
‘‘(5) SECONDARY TRANSMISSION.—The term ‘secondary transmission’ has the meaning given such term in section 119(d) of title 17, United States Code.
‘‘(6) SUBSCRIBER.—The term ‘subscriber’ has the meaning given that term under section 122( j) of title 17, United States Code.
‘‘(7) TELEVISION BROADCAST STATION.—The term ‘television broadcast station’ has the meaning given such term in section 325(b)(7).
‘‘SEC. 339. CARRIAGE OF DISTANT TELEVISION STATIONS BY SAT- ELLITE 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 sta- tions.
‘‘(B) ADDITIONAL SERVICE.—In addition to signals pro- vided 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 pro- vided 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 sta- tions 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 viola- tion. ‘‘(b) EXTENSION OF NETWORK NONDUPLICATION, SYNDICATED
EXCLUSIVITY, AND SPORTS BLACKOUT TO SATELLITE RETRANS- MISSION.—
‘‘(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 re- transmission of the signals of nationally distributed super- stations by satellite carriers to subscribers; and
‘‘(B) to the extent technically feasible and not economi- cally prohibitive, apply sports blackout protection (47 CFR 76.67) to the retransmission of the signals of network sta- tions by satellite carriers to subscribers. ‘‘(2) DEADLINE FOR ACTION.—The Commission shall com-
plete 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00571 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–535PUBLIC LAW 106–113—APPENDIX I
‘‘(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 con- clude 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 alter- native 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 retrans-
mission 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 re- transmission 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 deter- mining 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 pre- scribing such model, the Commission shall rely on the Indi- vidual 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00572 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–536 PUBLIC LAW 106–113—APPENDIX I
the retransmission is prohibited with respect to that sub- scriber 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 regula- tion. 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 regula- tion) 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 retrans- mission 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 regu- lations 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 broad- cast 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00573 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–537PUBLIC LAW 106–113—APPENDIX I
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 program-
ming distributor shall retransmit the signal of a broadcasting sta- tion, 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 car- riage 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 car- riage 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 multi-
channel 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00574 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–538 PUBLIC LAW 106–113—APPENDIX I
of 1999, to the retransmission of the signal of a television broadcast station within the station’s local market by a satellite carrier directly to its subscribers under the statutory license of section 122 of title 17, United States Code.
For purposes of this paragraph, the terms ‘satellite carrier’ and ‘superstation’ have the meanings given those terms, respectively, in section 119(d) of title 17, United States Code, as in effect on the date of the enactment of the Cable Television Consumer Protec- tion 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 para- graph; 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 retrans- mission 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 consider- ations.’’;
(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 sta- tion 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 tele- vision station.’’.
(b) ENFORCEMENT PROVISIONS FOR CONSENT FOR RETRANS- MISSIONS.—Section 325 of the Communications Act of 1934 (47
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00575 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–539PUBLIC LAW 106–113—APPENDIX I
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 STA- TIONS 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 retrans- mission 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 busi- ness 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00576 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–540 PUBLIC LAW 106–113—APPENDIX I
‘‘(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 non- commercial television broadcast station.
‘‘(5) COUNTING OF VIOLATIONS.—The retransmission with- out 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 sub- section (b)(1).
‘‘(6) BURDEN OF PROOF.—With respect to each alleged viola- tion, 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 regula- tions 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 sat- ellite 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 mate- rial 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 nec- essary 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00577 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–541PUBLIC LAW 106–113—APPENDIX I
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 re- transmissions 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 tele- vision broadcast stations, a cease-and-desist order directing the satellite carrier to stop making any fur- ther 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 complain- ant’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 Commis- sion; 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 cus- tomers 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00578 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–542 PUBLIC LAW 106–113—APPENDIX I
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 sub- section. 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 sta- tion 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 sta- tion filing the complaint may file an appeal with the United States Court of Appeals for the District of Columbia Circuit.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00579 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–543PUBLIC LAW 106–113—APPENDIX I
‘‘(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 ‘‘perform- ance or display of a work embodied in a primary trans- mission’’;
(B) in subsection (b), in the matter preceding paragraph (1), by striking ‘‘primary transmission embodying a performance or display of a work’’ and inserting ‘‘perform- ance or display of a work embodied in a primary trans- mission’’; 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’’;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00580 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–544 PUBLIC LAW 106–113—APPENDIX I
(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 UNDER- SERVED 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 facili- ties that will utilize, for delivering local broadcast television station signals to satellite television subscribers in unserved and under- served 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00581 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–545PUBLIC LAW 106–113—APPENDIX I
(a) to engage in partnerships, joint ventures, and similar oper- ating 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 under- served 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 ref- erence 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 provi- sions 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00582 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–546 PUBLIC LAW 106–113—APPENDIX I
‘‘(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 rea- son 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 serv- ices;
‘‘(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 indi- cating a pattern of such conduct;
‘‘(VIII) the person’s registration or acquisition of multiple domain names which the person knows are identical or confus- ingly 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00583 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–547PUBLIC LAW 106–113—APPENDIX I
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 reg- istrant 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 suffi- cient 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00584 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–548 PUBLIC LAW 106–113—APPENDIX I
‘‘(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 excep- tion 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 discre- tion, 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)’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00585 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–549PUBLIC LAW 106–113—APPENDIX I
(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 deter- mined to infringe or dilute the mark.
‘‘(II) A domain name registrar, domain name registry, or other domain name registration authority described in sub- clause (I) may be subject to injunctive relief only if such reg- istrar, 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 estab- lish the court’s control and authority regarding the disposi- tion 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 reg- istration 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 mainte- nance of a domain name for another absent a showing of
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00586 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–550 PUBLIC LAW 106–113—APPENDIX I
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 mis- representation 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 consulta- tion 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 dis- putes 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 consider- ation 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 per- sonal 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00587 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–551PUBLIC LAW 106–113—APPENDIX I
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 other- wise, 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 para- graphs (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 inter- national 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 associ- ated 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 amend- ment 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00588 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–552 PUBLIC LAW 106–113—APPENDIX I
(C) in subsection (b) by striking ‘‘trade-mark’’ and inserting ‘‘trademark’’. (2) The item relating to section 1338 in the table of sections
for chapter 85 of title 28, United States Code, is amended by striking ‘‘trade-marks’’ and inserting ‘‘trademarks’’.
SEC. 3010. EFFECTIVE DATE.
Sections 3002(a), 3003, 3004, 3005, and 3008 of this title shall apply to all domain names registered before, on, or after the date of the enactment of this Act, except that damages under subsection (a) or (d) of section 35 of the Trademark Act of 1946 (15 U.S.C. 1117), as amended by section 3003 of this title, shall not be available with respect to the registration, trafficking, or use of a domain name that occurs before the date of the enactment of this Act.
TITLE IV—INVENTOR PROTECTION SEC. 4001. SHORT TITLE.
This title may be cited as the ‘‘American Inventors Protection Act of 1999’’.
Subtitle A—Inventors’ Rights SEC. 4101. SHORT TITLE.
This subtitle may be cited as the ‘‘Inventors’ Rights Act of 1999’’. SEC. 4102. INTEGRITY IN INVENTION PROMOTION SERVICES.
(a) IN GENERAL.—Chapter 29 of title 35, United States Code, is amended by adding at the end the following new section:
‘‘§ 297. Improper and deceptive invention promotion ‘‘(a) IN GENERAL.—An invention promoter shall have a duty
to disclose the following information to a customer in writing, prior to entering into a contract for invention promotion services—
‘‘(1) the total number of inventions evaluated by the inven- tion 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 inven- tion 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 inven- tions 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00589 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–553PUBLIC LAW 106–113—APPENDIX I
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 inde- pendent 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 cus- tomer; 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 cus-
tomer sustains the burden of proof, and the court finds, that the invention promoter intentionally misrepresented or omitted a mate- rial 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 Govern- ment 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 Rev- enue 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00590 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–554 PUBLIC LAW 106–113—APPENDIX I
‘‘(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 prod- ucts or services that include the invention of the customer. ‘‘(d) RECORDS OF COMPLAINTS.—
‘‘(1) RELEASE OF COMPLAINTS.—The Commissioner of Pat- ents shall make all complaints received by the Patent and Trademark Office involving invention promoters publicly avail- able, together with any response of the invention promoters. The Commissioner of Patents shall notify the invention pro- moter of a complaint and provide a reasonable opportunity to reply prior to making such complaint publicly available.
‘‘(2) REQUEST FOR COMPLAINTS.—The Commissioner of Pat- ents 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 applica- tion, 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 APPLICA- TIONS.—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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00591 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–555PUBLIC LAW 106–113—APPENDIX I
SEC. 4204. STUDY ON ALTERNATIVE FEE STRUCTURES.
The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall conduct a study of alternative fee structures that could be adopted by the United States Patent and Trademark Office to encourage maximum participation by the inventor community in the United States. The Director shall submit such study to the Committees on the Judiciary of the House of Representatives and the Senate not later than 1 year after the date of the enactment of this Act. SEC. 4205. PATENT AND TRADEMARK OFFICE FUNDING.
Section 42(c) of title 35, United States Code, is amended in the second sentence—
(1) by striking ‘‘Fees available’’ and inserting ‘‘All fees available’’; and
(2) by striking ‘‘may’’ and inserting ‘‘shall’’. SEC. 4206. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection (b), the amendments made by this subtitle shall take effect on the date of the enactment of this Act.
(b) SECTION 4202.—The amendments made by section 4202 of this subtitle shall take effect 30 days after the date of the enactment of this Act.
Subtitle C—First Inventor Defense
SEC. 4301. SHORT TITLE.
This subtitle may be cited as the ‘‘First Inventor Defense Act of 1999’’. SEC. 4302. DEFENSE TO PATENT INFRINGEMENT BASED ON EARLIER
INVENTOR.
(a) DEFENSE.—Chapter 28 of title 35, United States Code, is amended by adding at the end the following new section:
‘‘§ 273. Defense to infringement based on earlier inventor ‘‘(a) DEFINITIONS.—For purposes of this section—
‘‘(1) the terms ‘commercially used’ and ‘commercial use’ mean use of a method in the United States, so long as such use is in connection with an internal commercial use or an actual arm’s-length sale or other arm’s-length commercial transfer of a useful end result, whether or not the subject matter at issue is accessible to or otherwise known to the public, except that the subject matter for which commercial marketing or use is subject to a premarketing regulatory review period during which the safety or efficacy of the subject matter is established, including any period specified in section 156(g), shall be deemed ‘commercially used’ and in ‘commercial use’ during such regulatory review period;
‘‘(2) in the case of activities performed by a nonprofit research laboratory, or nonprofit entity such as a university, research center, or hospital, a use for which the public is the intended beneficiary shall be considered to be a use described in paragraph (1), except that the use—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00592 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–556 PUBLIC LAW 106–113—APPENDIX I
‘‘(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 con-
ducting 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 inter- national 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00593 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–557PUBLIC LAW 106–113—APPENDIX I
‘‘(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 enter- prise 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 para- graph (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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00594 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–558 PUBLIC LAW 106–113—APPENDIX I
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 deci- sion 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 para- graph (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,
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00595 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–559PUBLIC LAW 106–113—APPENDIX I
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 con- clude 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 examina- tion 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, meas- uring such 3-month period from the date the notice was given or mailed to the applicant.
‘‘(iii) The Director shall prescribe regulations estab- lishing 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 DETER- MINATION.—
‘‘(A) The Director shall prescribe regulations estab- lishing procedures for the application for and determination of patent term adjustments under this subsection.
‘‘(B) Under the procedures established under subpara- graph (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 para- graph (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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00596 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–560 PUBLIC LAW 106–113—APPENDIX I
‘‘(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 DETERMINA-
TION.— ‘‘(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 reduc- tion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00597 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–561PUBLIC LAW 106–113—APPENDIX I
all applications filed under section 111(a) of title 35, United States Code, on or after June 8, 1995, and all applications complying with section 371 of title 35, United States Code, that resulted from international applications filed on or after June 8, 1995; and
(2) do not apply to applications for design patents under chapter 16 of title 35, United States Code.
Subtitle E—Domestic Publication of Patent Applications Published Abroad
SEC. 4501. SHORT TITLE.
This subtitle may be cited as the ‘‘Domestic Publication of Foreign Filed Patent Applications Act of 1999’’. SEC. 4502. PUBLICATION.
(a) PUBLICATION.—Section 122 of title 35, United States Code, is amended to read as follows:
‘‘§ 122. Confidential status of applications; publication of patent applications
‘‘(a) CONFIDENTIALITY.—Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning the same given without authority of the applicant or owner unless necessary to carry out the provisions of an Act of Congress or in such special circumstances as may be determined by the Director.
‘‘(b) PUBLICATION.— ‘‘(1) IN GENERAL.—(A) Subject to paragraph (2), each
application for a patent shall be published, in accordance with procedures determined by the Director, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under this title. At the request of the applicant, an application may be published ear- lier than the end of such 18-month period.
‘‘(B) No information concerning published patent applica- tions shall be made available to the public except as the Director determines.
‘‘(C) Notwithstanding any other provision of law, a deter- mination 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, certi-
fying 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00598 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–562 PUBLIC LAW 106–113—APPENDIX I
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 applica- tion 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 uninten- tional.
‘‘(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 agree- ment 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 inter- national agreement, and such foreign filed applications cor- responding 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 cor- responding 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 applica- tion 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.—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00599 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–563PUBLIC LAW 106–113—APPENDIX I
(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 applica- tion 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 applica- tions.
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 applica- tion 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 certifi- cation 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00600 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–564 PUBLIC LAW 106–113—APPENDIX I
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 reason- able 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 applica- tion 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 prod- ucts made by that process as claimed in the published patent application; and
‘‘(B) had actual notice of the published patent applica- tion and, in a case in which the right arising under this paragraph is based upon an international application desig- nating 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 INVEN-
TIONS.—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 ROY- ALTY.—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 para- graph (1) to obtain a reasonable royalty shall not be affected by the duration of the period described in paragraph (1).
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00601 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–565PUBLIC LAW 106–113—APPENDIX I
‘‘(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 inter- national 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 inven- tion 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 applica- tion 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 amend- ment 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 applica-
tions’’ after ‘‘patents’’; and (B) by inserting ‘‘and published applications for pat-
ents’’ after ‘‘patents’’. (3) Section 13 is amended—
(A) in the section caption by inserting ‘‘and applica- tions’’ after ‘‘patents’’; and
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00602 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–566 PUBLIC LAW 106–113—APPENDIX I
(B) by inserting ‘‘and published applications for pat- ents’’ 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 applica-
tion 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 para-
graph 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 dam- ages under this paragraph shall not apply to provisional rights under section 154(d) of this title.’’.
(10) Section 374 is amended to read as follows:
‘‘§ 374. Publication of international application ‘‘The publication under the treaty defined in section 351(a)
of this title, of an international application designating the United States shall confer the same rights and shall have the same effect under this title as an application for patent published under section 122(b), except as provided in sections 102(e) and 154(d) of this title.’’.
(11) Section 135(b) is amended— (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and (B) by adding at the end the following:
‘‘(2) A claim which is the same as, or for the same or substan- tially the same subject matter as, a claim of an application pub- lished under section 122(b) of this title may be made in an applica- tion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00603 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–567PUBLIC LAW 106–113—APPENDIX I
the date of the enactment of this Act and shall apply to all applica- tions 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 desig- nating 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 ‘‘REEXAMINA- TION 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 reexamina- tion 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.
‘‘§ 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00604 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–568 PUBLIC LAW 106–113—APPENDIX I
‘‘(2) set forth the pertinency and manner of applying cited prior art to every claim for which reexamination is requested.
‘‘(c) COPY.—Unless the requesting person is the owner of the patent, the Director promptly shall send a copy of the request to the owner of record of the patent.
‘‘§ 312. Determination of issue by Director ‘‘(a) REEXAMINATION.—Not later than 3 months after the filing
of a request for inter partes reexamination under section 311, the Director shall determine whether a substantial new question of patentability affecting any claim of the patent concerned is raised by the request, with or without consideration of other patents or printed publications. On the Director’s initiative, and at any time, the Director may determine whether a substantial new ques- tion 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 determina- tion that no substantial new question of patentability has been raised, the Director may refund a portion of the inter partes reexamination fee required under section 311.
‘‘§ 313. Inter partes reexamination order by Director ‘‘If, in a determination made under section 312(a), the Director
finds that a substantial new question of patentability affecting a claim of a patent is raised, the determination shall include an order for inter partes reexamination of the patent for resolution of the question. The order may be accompanied by the initial action of the Patent and Trademark Office on the merits of the inter partes reexamination conducted in accordance with section 314.
‘‘§ 314. Conduct of inter partes reexamination proceedings ‘‘(a) IN GENERAL.—Except as otherwise provided in this section,
reexamination shall be conducted according to the procedures estab- lished 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 amend- ment 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00605 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–569PUBLIC LAW 106–113—APPENDIX I
the patent owner’s response thereto, if those written comments are received by the Office within 30 days after the date of service of the patent owner’s response.
‘‘(c) SPECIAL DISPATCH.—Unless otherwise provided by the Director for good cause, all inter partes reexamination proceedings under this section, including any appeal to the Board of Patent Appeals and Interferences, shall be conducted with special dispatch within the Office.
‘‘§ 315. Appeal ‘‘(a) PATENT OWNER.—The patent owner involved in an inter
partes reexamination proceeding under this chapter— ‘‘(1) may appeal under the provisions of section 134 and
may appeal under the provisions of sections 141 through 144, with respect to any decision adverse to the patentability of any original or proposed amended or new claim of the patent; and
‘‘(2) may be a party to any appeal taken by a third-party requester under subsection (b). ‘‘(b) THIRD-PARTY REQUESTER.—A third-party requester may—
‘‘(1) appeal under the provisions of section 134 with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent; or
‘‘(2) be a party to any appeal taken by the patent owner under the provisions of section 134, subject to subsection (c). ‘‘(c) CIVIL ACTION.—A third-party requester whose request for
an inter partes reexamination results in an order under section 313 is estopped from asserting at a later time, in any civil action arising in whole or in part under section 1338 of title 28, United States Code, the invalidity of any claim finally determined to be valid and patentable on any ground which the third-party requester raised or could have raised during the inter partes reexamination proceedings. This subsection does not prevent the assertion of inva- lidity 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.
‘‘§ 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 deter- mined to be unpatentable, confirming any claim of the patent deter- mined to be patentable, and incorporating in the patent any pro- posed 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, any- thing patented by such proposed amended or new claim, or who made substantial preparation therefor, prior to issuance of a certifi- cate under the provisions of subsection (a) of this section.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00606 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–570 PUBLIC LAW 106–113—APPENDIX I
‘‘§ 317. Inter partes reexamination prohibited ‘‘(a) ORDER FOR REEXAMINATION.—Notwithstanding any provi-
sion of this chapter, once an order for inter partes reexamination of a patent has been issued under section 313, neither the patent owner nor the third-party requester, if any, nor privies of either, may file a subsequent request for inter partes reexamination of the patent until an inter partes reexamination certificate is issued and published under section 316, unless authorized by the Director.
‘‘(b) FINAL DECISION.—Once a final decision has been entered against a party in a civil action arising in whole or in part under section 1338 of title 28, United States Code, that the party has not sustained its burden of proving the invalidity of any patent claim in suit or if a final decision in an inter partes reexamination proceeding instituted by a third-party requester is favorable to the patentability of any original or proposed amended or new claim of the patent, then neither that party nor its privies may thereafter request an inter partes reexamination of any such patent claim on the basis of issues which that party or its privies raised or could have raised in such civil action or inter partes reexamination proceeding, and an inter partes reexamination requested by that party or its privies on the basis of such issues may not thereafter be maintained by the Office, notwithstanding any other provision of this chapter. This subsection does not prevent the assertion of invalidity based on newly discovered prior art unavailable to the third-party requester and the Patent and Trademark Office at the time of the inter partes reexamination proceedings.
‘‘§ 318. Stay of litigation ‘‘Once an order for inter partes reexamination of a patent
has been issued under section 313, the patent owner may obtain a stay of any pending litigation which involves an issue of patent- ability 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 Pat-
ents ........................................................................................................... 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 unintention- ally 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 INTER-
FERENCES.—Section 134 of title 35, United States Code, is amended to read as follows:
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00607 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–571PUBLIC LAW 106–113—APPENDIX I
‘‘§ 134. Appeal to the Board of Patent Appeals and Inter- ferences
‘‘(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 Inter- ferences 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 amend- ments 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 chal- lenging 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 informa- tion 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00608 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–572 PUBLIC LAW 106–113—APPENDIX I
SEC. 4608. EFFECTIVE DATE.
(a) IN GENERAL.—Subject to subsection (b), this subtitle and the amendments made by this subtitle shall take effect on the date of the enactment of this Act and shall apply to any patent that issues from an original application filed in the United States on or after that date.
(b) SECTION 4605(a).—The amendments made by section 4605(a) shall take effect on the date that is 1 year after the date of the enactment of this Act.
Subtitle G—Patent and Trademark Office
SEC. 4701. SHORT TITLE.
This subtitle may be cited as the ‘‘Patent and Trademark Office Efficiency Act’’.
CHAPTER 1—UNITED STATES PATENT AND TRADEMARK OFFICE
SEC. 4711. ESTABLISHMENT OF PATENT AND TRADEMARK OFFICE.
Section 1 of title 35, United States Code, is amended to read as follows:
‘‘§ 1. Establishment ‘‘(a) ESTABLISHMENT.—The United States Patent and Trade-
mark 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 facili- tate 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 Trade- mark 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:
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00609 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–573PUBLIC LAW 106–113—APPENDIX I
‘‘§ 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 qualifica- tions 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 nec- essary 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 con- tracts for printing services, including the process of composition, platemaking, presswork, silk screen processes, binding, microform, and the products of such processes, as it considers
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00610 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–574 PUBLIC LAW 106–113—APPENDIX I
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, per- sonnel, 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 prac- ticable, efficient, and cost-effective to do so, use, with the con- sent 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 mat- ters 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 pro- grams 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 intergovern- mental 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 pay-
ments 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00611 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–575PUBLIC LAW 106–113—APPENDIX I
imposed by law on the amounts of such other payments or contribu- tions 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 cur- rent authorities relating to copyright matters.
‘‘(4) In exercising the Director’s powers under paragraphs (3) and (4)(A) of subsection (b), the Director shall consult with the Administrator of General Services.
‘‘(5) In exercising the Director’s powers and duties under this section, the Director shall consult with the Register of Copyrights on all copyright and related matters.
‘‘(d) CONSTRUCTION.—Nothing in this section shall be construed to nullify, void, cancel, or interrupt any pending request-for-proposal let or contract issued by the General Services Administration for the specific purpose of relocating or leasing space to the United States Patent and Trademark Office.’’. SEC. 4713. ORGANIZATION AND MANAGEMENT.
Section 3 of title 35, United States Code, is amended to read as follows:
‘‘§ 3. Officers and employees ‘‘(a) UNDER SECRETARY AND DIRECTOR.—
‘‘(1) IN GENERAL.—The powers and duties of the United States Patent and Trademark Office shall be vested in an Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (in this title referred to as the ‘Director’), who shall be a citizen of the United States and who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall be a person who has a professional back- ground 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 COMMIT- TEES.—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 Com- mittee 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 trade- mark 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00612 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–576 PUBLIC LAW 106–113—APPENDIX I
‘‘(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 Com-
merce 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 Commis- sioner 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 perform- ance agreements shall incorporate measurable organization
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00613 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–577PUBLIC LAW 106–113—APPENDIX I
and individual goals in key operational areas as delineated in an annual performance plan agreed to by the Commis- sioners 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 nonsatisfac- tory performance under the performance agreement described in subparagraph (B), without regard to the provi- sions 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 attor-
neys), 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 offi- cers 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 statu- torily 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 retire- ment, for the sole purpose of training patent and trademark examiners.
‘‘(5) NATIONAL SECURITY POSITIONS.—The Director, in con- sultation with the Director of the Office of Personnel Manage- ment, 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 stra- tegic 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00614 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–578 PUBLIC LAW 106–113—APPENDIX I
Efficiency Act, is an officer or employee of the Department of Commerce (other than an officer or employee under para- graph (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 Pat- ents on the day before the effective date of the Patent and Trademark Office Efficiency Act may serve as the Commissioner for Patents until the date on which a Commissioner for Patents is appointed under subsection (b).
‘‘(B) The individual serving as the Assistant Commissioner for Trademarks on the day before the effective date of the Patent and Trademark Office Efficiency Act may serve as the Commissioner for Trademarks until the date on which a Commissioner for Trademarks is appointed under subsection (b).’’.
SEC. 4714. PUBLIC ADVISORY COMMITTEES.
Chapter 1 of part I of title 35, United States Code, is amended by inserting after section 4 the following:
‘‘§ 5. Patent and Trademark Office Public Advisory Commit- tees
‘‘(a) ESTABLISHMENT OF PUBLIC ADVISORY COMMITTEES.— ‘‘(1) APPOINTMENT.—The United States Patent and Trade-
mark 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 Com- mittee 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00615 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–579PUBLIC LAW 106–113—APPENDIX I
Secretary of Commerce shall consider the risk of loss of competi- tive 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 Com- mittee, and such members shall include at least one inde- pendent 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 representa- tives 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 Com- mittee 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 equiva- lent of the annual rate of basic pay in effect for level III of the
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00616 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–580 PUBLIC LAW 106–113—APPENDIX I
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 Com- mittee 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 Com- mittee shall be open to the public, except that each Advisory Com- mittee may by majority vote meet in executive session when consid- ering 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 registra- tion, application to register as a lawful concurrent user, or applica- tion to cancel the registration of a mark, the Director shall give notice to all parties and shall direct a Trademark Trial and Appeal Board to determine and decide the respective rights of registration.
‘‘(b) The Trademark Trial and Appeal Board shall include the Director, the Commissioner for Patents, the Commissioner for Trademarks, and administrative trademark judges who are appointed by the Director.’’. SEC. 4717. BOARD OF PATENT APPEALS AND INTERFERENCES.
Chapter 1 of title 35, United States Code, is amended— (1) by striking section 7 and redesignating sections 8
through 14 as sections 7 through 13, respectively; and (2) by inserting after section 5 the following:
‘‘§ 6. Board of Patent Appeals and Interferences ‘‘(a) ESTABLISHMENT AND COMPOSITION.—There shall be in the
United States Patent and Trademark Office a Board of Patent Appeals and Interferences. The Director, the Commissioner for Pat- ents, the Commissioner for Trademarks, and the administrative patent judges shall constitute the Board. The administrative patent
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00617 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–581PUBLIC LAW 106–113—APPENDIX I
judges shall be persons of competent legal knowledge and scientific ability who are appointed by the Director.
‘‘(b) DUTIES.—The Board of Patent Appeals and Interferences shall, on written appeal of an applicant, review adverse decisions of examiners upon applications for patents and shall determine priority and patentability of invention in interferences declared under section 135(a). Each appeal and interference shall be heard by at least three members of the Board, who shall be designated by the Director. Only the Board of Patent Appeals and Interferences may grant rehearings.’’.
SEC. 4718. ANNUAL REPORT OF DIRECTOR.
Section 13 of title 35, United States Code, as redesignated by section 4717 of this subtitle, is amended to read as follows:
‘‘§ 13. Annual report to Congress ‘‘The Director shall report to the Congress, not later than
180 days after the end of each fiscal year, the moneys received and expended by the Office, the purposes for which the moneys were spent, the quality and quantity of the work of the Office, the nature of training provided to examiners, the evaluation of the Commissioner of Patents and the Commissioner of Trademarks by the Secretary of Commerce, the compensation of the Commis- sioners, 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.—
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00618 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–582 PUBLIC LAW 106–113—APPENDIX I
(1) The item relating to part I in the table of parts for chapter 35, United States Code, is amended to read as follows:
‘‘I. United States Patent and Trademark Office .......................................... 1’’.
(2) The heading for part I of title 35, United States Code, is amended to read as follows:
‘‘PART I—UNITED STATES PATENT AND TRADEMARK OFFICE’’.
(3) The table of chapters for part I of title 35, United States Code, is amended by amending the item relating to chapter 1 to read as follows:
‘‘1. Establishment, Officers and Employees, Functions ............................ 1’’.
(4) The table of sections for chapter 1 of title 35, United States Code, is amended to read as follows:
‘‘CHAPTER 1—ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS
‘‘Sec. ‘‘ 1. Establishment. ‘‘ 2. Powers and duties. ‘‘ 3. Officers and employees. ‘‘ 4. Restrictions on officers and employees as to interest in patents. ‘‘ 5. Patent and Trademark Office Public Advisory Committees. ‘‘ 6. Board of Patent Appeals and Interferences. ‘‘ 7. Library. ‘‘ 8. Classification of patents. ‘‘ 9. Certified copies of records. ‘‘10. Publications. ‘‘11. Exchange of copies of patents and applications with foreign countries. ‘‘12. Copies of patents and applications for public libraries. ‘‘13. Annual report to Congress.’’.
(5) Section 41(h) of title 35, United States Code, is amended by striking ‘‘Commissioner of Patents and Trademarks’’ and inserting ‘‘Director’’.
(6) Section 155 of title 35, United States Code, is amended by striking ‘‘Commissioner of Patents and Trademarks’’ and inserting ‘‘Director’’.
(7) Section 155A(c) of title 35, United States Code, is amended by striking ‘‘Commissioner of Patents and Trade- marks’’ 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 ‘‘Direc- tor’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’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00619 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–583PUBLIC LAW 106–113—APPENDIX I
(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 adminis- trative patent judges in the United States Patent and Trade- mark Office;’’.
(4) Section 5316 of title 5, United States Code (5 U.S.C. 5316) is amended by striking ‘‘Commissioner of Patents, Depart- ment 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), respec- tively 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00620 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–584 PUBLIC LAW 106–113—APPENDIX I
(B) by striking ‘‘Commissioner of Patents’’ and inserting ‘‘Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office’’. (8) Section 182(b)(2)(A) of the Trade Act of 1974 (19 U.S.C.
2242(b)(2)(A)) is amended by striking ‘‘Commissioner of Patents and Trademarks’’ and inserting ‘‘Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office’’.
(9) Section 302(b)(2)(D) of the Trade Act of 1974 (19 U.S.C. 2412(b)(2)(D)) is amended by striking ‘‘Commissioner of Patents and Trademarks’’ and inserting ‘‘Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office’’.
(10) The Act of April 12, 1892 (27 Stat. 395; 20 U.S.C. 91) is amended by striking ‘‘Patent Office’’ and inserting ‘‘United States Patent and Trademark Office’’.
(11) Sections 505(m) and 512(o) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(m) and 360b(o)) are each amended by striking ‘‘Patent and Trademark Office of the Department of Commerce’’ and inserting ‘‘United States Patent and Trademark Office’’.
(12) Section 702(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 372(d)) is amended by striking ‘‘Commissioner of Patents’’ and inserting ‘‘Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office’’ and by striking ‘‘Commissioner’’ and inserting ‘‘Director’’.
(13) Section 105(e) of the Federal Alcohol Administration Act (27 U.S.C. 205(e)) is amended by striking ‘‘United States Patent Office’’ and inserting ‘‘United States Patent and Trade- mark 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 Sec- retary 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 Intellec- tual Property and Director of the United States Patent and Trademark Office’’; and (C) by striking ‘‘Commissioner’’ and inserting
‘‘Director’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00621 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–585PUBLIC LAW 106–113—APPENDIX I
(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 Com- merce 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 Pat- ents’’ 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 Dem-
onstration 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.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00622 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–586 PUBLIC LAW 106–113—APPENDIX I
(b) SPECIFIC REFERENCES.—Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Patent and Trademark Office—
(1) to the Commissioner of Patents and Trademarks is deemed to refer to the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office;
(2) to the Assistant Commissioner for Patents is deemed to refer to the Commissioner for Patents; or
(3) to the Assistant Commissioner for Trademarks is deemed to refer to the Commissioner for Trademarks.
SEC. 4742. EXERCISE OF AUTHORITIES.
Except as otherwise provided by law, a Federal official to whom a function is transferred by this subtitle may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this subtitle.
SEC. 4743. SAVINGS PROVISIONS.
(a) LEGAL DOCUMENTS.—All orders, determinations, rules, regu- lations, 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 trans- ferred 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 pro-
ceedings 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 pro- ceeding shall continue in effect until modified, terminated, super- seded, or revoked by a duly authorized official, by a court of com- petent 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 discon- tinued 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00623 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–587PUBLIC LAW 106–113—APPENDIX I
manner and with the same effect as if this subtitle had not been enacted.
(d) NONABATEMENT OF ACTIONS.—No suit, action, or other pro- ceeding 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 administra- tive 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 appropria- tions, 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 trans- ferred 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 MANAGE-
MENT 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 bal- ances of appropriations, authorizations, allocations, and other funds
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00624 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–588 PUBLIC LAW 106–113—APPENDIX I
held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this subtitle. The Director shall provide for the termination of the affairs of all entities terminated by this subtitle and for such further measures and dispositions as may be necessary to effectuate the purposes of this subtitle. SEC. 4747. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANS-
FERS.
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 termi- nation and resolution of such functions, programs, and activities, subject to the submission of a plan to the Committees on Appropria- tions 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 HOLI-
DAYS.—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.’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00625 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–589PUBLIC LAW 106–113—APPENDIX I
(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 sub- sections: ‘‘(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 Vari- eties 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 elec- tronic 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’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00626 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–590 PUBLIC LAW 106–113—APPENDIX I
(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 oppor- tunity 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 SUP- PORT 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 recommenda- tions 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 estab- lishes, 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.’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00627 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–591PUBLIC LAW 106–113—APPENDIX I
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 COUN- TRIES.
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 sub-
section (d) that precedes paragraph (1) is amended by striking ‘‘1 year’’ and inserting ‘‘2 years’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00628 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–592 PUBLIC LAW 106–113—APPENDIX I
(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 sub- sections: ‘‘(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 con-
stitute 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 BROAD- CASTING 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 person- ally 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00629 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–593PUBLIC LAW 106–113—APPENDIX I
‘‘(iii) the contributor or donor is given an explanation of how the contributor or donor may exercise that nondisclo- sure 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 Telecommuni- cations 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, EDU- CATIONAL INSTITUTION, OR PUBLIC BROADCASTING ENTITY.—Sub- section (a) shall not apply to a nonprofit library, archives, edu- cational 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 Reg-
ister of Copyrights and the Commissioner of Patents and Trade- marks 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00630 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–594 PUBLIC LAW 106–113—APPENDIX I
‘‘(B) that is designed and capable of carrying and trans- porting 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 ‘‘des-
ignates 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 resi- dent agent—
‘‘(1) may be an official of the State, the District of Columbia, the territory or possession in which the court sits who is author- ized 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 bene- ficial to the public good providing broadcasting to their commu- nities that would not otherwise be available.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00631 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–595PUBLIC LAW 106–113—APPENDIX I
(2) These low-power broadcasters have operated their sta- tions 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, program- ming, 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 perma- nency 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 sub- section: ‘‘(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 require- ments for class A designation. Within 60 days after such date of enactment, licensees intending to seek class A des- ignation shall submit to the Commission a certification of eligibility based on the qualification requirements of this subsection. Absent a material deficiency, the Commis- sion shall grant certification of eligibility to apply for class A status.
‘‘(C) APPLICATION FOR AND AWARD OF LICENSES.—Con- sistent with the requirements set forth in paragraph (2)(A)
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00632 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–596 PUBLIC LAW 106–113—APPENDIX I
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 subpara- graph (A) of this paragraph. Except as provided in para- graphs (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 regula- tions (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 con- trolled 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00633 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–597PUBLIC LAW 106–113—APPENDIX I
Commission’s operating rules for full-power television sta- tions; 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 SERV- ICES 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 sub- section, 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 trans- lator 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 sub- section preempts or otherwise affects section 337 of this Act.
‘‘(6) INTERIM QUALIFICATION.— ‘‘(A) STATIONS OPERATING WITHIN CERTAIN BAND-
WIDTH.—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 Feb- ruary 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 enact- ment of the Community Broadcasters Protection Act of 1999, the Commission shall identify by channel, location, and applicable technical parameters those 175 channels.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00634 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–598 PUBLIC LAW 106–113—APPENDIX I
‘‘(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 trans- lator 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 regula- tions (47 CFR 22.625(b)(1) and 90.303) for frequencies in—
‘‘(i) the 470–512 megahertz band identified in sec- tion 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00635 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–599PUBLIC LAW 106–113—APPENDIX I
(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 Environ-
mental 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 mate- rial 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 sec-
tion, 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 sub- stance (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 Fed- eral 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 mate- rial 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00636 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–600 PUBLIC LAW 106–113—APPENDIX I
made from the recyclable material could have been a replace- ment 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 reason- able care to determine that the facility where the recyclable material was handled, processed, reclaimed, or otherwise man- aged 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 han- dling, 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 han- dling, processing, reclamation, or other management activi- ties 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 compli- ance 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 asso- ciated with the recyclable material. For the purposes of this paragraph, a requirement to obtain a permit applicable to the handling, processing, reclamation, or other manage- ment 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 dem- onstrate 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 promul- gates under the Solid Waste Disposal Act subsequent to the enactment of this section and with regard to trans- actions 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
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00637 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–601PUBLIC LAW 106–113—APPENDIX I
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 auto- mobiles, 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 bat- teries, 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 bat- teries;
‘‘(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 bat- teries, 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 sub- stantive (not procedural or administrative) provision of any Federal, State, or local environmental law or regulation, or compliance order or decree issued pursu- ant thereto, applicable to the handling, processing, rec- lamation, or other management activities associated with the recyclable material;
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00638 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–602 PUBLIC LAW 106–113—APPENDIX I
‘‘(B) the person had reason to believe that hazardous substances had been added to the recyclable material for purposes other than processing for recycling; or
‘‘(C) the person failed to exercise reasonable care with respect to the management and handling of the recyclable material (including adhering to customary industry prac- tices current at the time of the recycling transaction designed to minimize, through source control, contamina- tion of the recyclable material by hazardous substances). ‘‘(2) For purposes of this subsection, an objectively reason-
able 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 con- cerning its handling, processing, reclamation, or other manage- ment 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 mate- rial 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 exemp- tions 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 regula- tions under any other statute, including the Solid Waste Dis- posal 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.’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00639 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113
113 STAT. 1501A–603PUBLIC LAW 106–113—APPENDIX I
(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.’’.
VerDate 04-JAN-2000 13:48 Jan 14, 2000 Jkt 079139 PO 00113 Frm 00640 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL113.106 apps13 PsN: PUBL113