[DOCID: f:publ277.105]
[[Page 112 STAT. 2681]]
*Public Law 105-277
105th Congress
An Act
Making omnibus consolidated and emergency appropriations for the fiscal
year ending September 30, 1999, and for other purposes. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in <> Congress assembled,
DIVISION A--OMNIBUS CONSOLIDATED APPROPRIATIONS
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the several departments,
agencies, corporations and other organizational units of the Government
for the fiscal year 1999, and for other purposes, namely:
Sec. 101. (a) For programs, projects or activities in the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 1999, provided as follows, to be
effective as if it had been enacted into law as the regular
appropriations Act:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, and not to exceed $75,000 for employment under 5 U.S.C.
3109, $2,836,000: Provided, That not to exceed $11,000 of this amount,
along with any unobligated balances of representation funds in the
Foreign Agricultural Service, shall be available for official reception
and representation expenses, not otherwise provided for, as determined
by the Secretary: Provided further, That none of the funds appropriated
or otherwise made available by this Act may be used to pay the salaries
and expenses of personnel of the Department of Agriculture to carry out
section 793(c)(1)(C) of Public Law 104-127: Provided further, That none
of the funds made available by this Act may be used to enforce section
793(d) of Public Law 104-127.
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*Note: This is a typeset print of the original hand enrollment as
signed by the President on October 21, 1998. The text is printed without
corrections.
112 STAT. 2681-
112 STAT. 2681-
112 STAT. 2681-
PUBLIC LAW 105-277--OCT. 21, 1998
PUBLIC LAW 105-277--OCT. 21, 1998
PUBLIC LAW 105-277--OCT. 21, 1998
[[Page 112 STAT. 2681-1]]
Executive Operations
For necessary expenses of the Chief Economist, including economic
analysis, risk assessment, cost-benefit analysis, and the functions of
the World Agricultural Outlook Board, as authorized by the Agricultural
Marketing Act of 1946 (7 U.S.C. 1622g), and including employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), of which not to exceed $5,000 is for employment
under 5 U.S.C. 3109, $5,620,000.
For necessary expenses of the National Appeals Division, including
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $25,000 is
for employment under 5 U.S.C. 3109, $11,718,000.
Office of Budget and Program Analysis
For necessary expenses of the Office of Budget and Program Analysis,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$5,000 is for employment under 5 U.S.C. 3109, $6,120,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, including employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to
exceed $10,000 is for employment under 5 U.S.C. 3109, $5,551,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial Officer,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 is for employment under 5 U.S.C. 3109, $4,283,000: Provided,
That the Chief Financial Officer shall actively market cross-servicing
activities of the National Finance Center.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the Assistant
Secretary for Administration to carry out the programs funded by this
Act, $613,000.
Agriculture Buildings and Facilities and Rental Payments
For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services
[[Page 112 STAT. 2681-2]]
to the Department of Agriculture under 40 U.S.C. 486, for programs and
activities of the Department which are included in this Act, and for the
operation, maintenance, and repair of Agriculture buildings,
$132,184,000: Provided, That in the event an agency within the
Department should require modification of space needs, the Secretary of
Agriculture may transfer a share of that agency's appropriation made
available by this Act to this appropriation, or may transfer a share of
this appropriation to that agency's appropriation, but such transfers
shall not exceed 5 percent of the funds made available for space rental
and related costs to or from this account. In addition, for
construction, repair, improvement, extension, alteration, and purchase
of fixed equipment or facilities as necessary to carry out the programs
of the Department, where not otherwise provided, $5,000,000, to remain
available until expended; making a total appropriation of $137,184,000.
Hazardous Waste Management
For necessary expenses of the Department of Agriculture, to comply
with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act, 42 U.S.C.
9607(g), and section 6001 of the Resource Conservation and Recovery Act,
42 U.S.C. 6961, $15,700,000, to remain available until expended:
Provided, That appropriations and funds available herein to the
Department for Hazardous Waste Management may be transferred to any
agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Departmental Administration
For Departmental Administration, $32,168,000, to provide for
necessary expenses for management support services to offices of the
Department and for general administration and disaster management of the
Department, repairs and alterations, and other miscellaneous supplies
and expenses not otherwise provided for and necessary for the practical
and efficient work of the Department, including employment pursuant to
the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), of which not to exceed $10,000 is for employment under 5
U.S.C. 3109: Provided, That this appropriation shall be reimbursed from
applicable appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558.
For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$3,000,000, to remain available until expended.
[[Page 112 STAT. 2681-3]]
Office of the Assistant Secretary for Congressional Relations
For necessary salaries and expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the programs funded
by this Act, including programs involving intergovernmental affairs and
liaison within the executive branch, $3,668,000: Provided, That no other
funds appropriated to the Department by this Act shall be available to
the Department for support of activities of congressional relations:
Provided further, That not less than $2,241,000 shall be transferred to
agencies funded by this Act to maintain personnel at the agency level.
Office of Communications
For necessary expenses to carry on services relating to the
coordination of programs involving public affairs, for the dissemination
of agricultural information, and the coordination of information, work,
and programs authorized by Congress in the Department, $8,138,000,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed
$10,000 shall be available for employment under 5 U.S.C. 3109, and not
to exceed $2,000,000 may be used for farmers' bulletins.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General,
including employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and the Inspector General
Act of 1978, $65,128,000, including such sums as may be necessary for
contracting and other arrangements with public agencies and private
persons pursuant to section 6(a)(9) of the Inspector General Act of
1978, including a sum not to exceed $50,000 for employment under 5
U.S.C. 3109; and including a sum not to exceed $100,000 for certain
confidential operational expenses, including the payment of informants,
to be expended under the direction of the Inspector General pursuant to
Public Law 95-452 and section 1337 <> of Public Law
97-98: Provided, That for fiscal year 1999 and thereafter, funds
transferred to the Office of the Inspector General through forfeiture
proceedings or from the Department of Justice Assets Forfeiture Fund or
the Department of the Treasury Forfeiture Fund, as a participating
agency, as an equitable share from the forfeiture of property in
investigations in which the Office of the Inspector General
participates, or through the granting of a Petition for Remission or
Mitigation, shall be deposited to the credit of this account for law
enforcement activities authorized under the Inspector General Act of
1978, to remain available until expended.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$29,194,000.
[[Page 112 STAT. 2681-4]]
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer the laws
enacted by the Congress for the Economic Research Service, the National
Agricultural Statistics Service, the Agricultural Research Service, and
the Cooperative State Research, Education, and Extension Service,
$540,000.
Economic Research Service
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws,
$65,757,000: Provided, That $2,000,000 shall be transferred to and
merged with the appropriation for ``Food and Nutrition Service, Food
Program Administration'' for studies and evaluations: Provided further,
That this appropriation shall be available for employment pursuant to
the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225).
National Agricultural Statistics Service
For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work, including
crop and livestock estimates, statistical coordination and improvements,
marketing surveys, and the Census of Agriculture, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), the Census of
Agriculture Act of 1997 (Public Law 105-113), and other laws,
$103,964,000, of which up to $23,599,000 shall be available until
expended for the Census of Agriculture: Provided, That this
appropriation shall be available for employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225),
and not to exceed $40,000 shall be available for employment under 5
U.S.C. 3109.
Agricultural Research Service
For necessary expenses to enable the Agricultural Research Service
to perform agricultural research and demonstration relating to
production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use including
the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be equalized
by a payment of money to the grantor which shall not exceed 25 percentof
the total value of the land or interests transferred out of Federal
ownership, $785,518,000: Provided, That appropriations hereunder shall
be available for temporary employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $115,000 shall be available for employment under 5 U.S.C. 3109:
<> Provided further, That appropriations hereunder
shall be available for the
[[Page 112 STAT. 2681-5]]
operation and maintenance of aircraft and the purchase of not to exceed
one for replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for the
construction, alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one building
shall not exceed $250,000, except for headhouses or greenhouses which
shall each be limited to $1,000,000, and except for ten buildings to be
constructed or improved at a cost not to exceed $500,000 each, and the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building or
$250,000, whichever is greater: Provided further, That the limitations
on alterations contained in this Act shall not apply to modernization or
replacement of existing facilities at Beltsville, Maryland: Provided
further, That appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center, including an
easement to the University of Maryland to construct the Transgenic
Animal Facility which upon completion shall be accepted by the Secretary
as a gift: Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act of April
24, 1948 (21 U.S.C. 113a): Provided further, That funds may be received
from any State, other political subdivision, organization, or individual
for the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized by
law.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing of
tobacco or tobacco products.
In fiscal year 1999, the agency is authorized to charge fees,
commensurate with the fair market value, for any permit, easement,
lease, or other special use authorization for the occupancy or use of
land and facilities (including land and facilities at the Beltsville
Agricultural Research Center) issued by the agency, as authorized by
law, and such fees shall be credited to this account and shall remain
available until expended for authorized purposes.
buildings and facilities
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $56,437,000, to
remain available until expended (7 U.S.C. 2209b): Provided, That funds
may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing any research
facility of the Agricultural Research Service, as authorized by law.
Cooperative State Research, Education, and Extension Service
For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
including $180,545,000 to carry into effect the provisions of the Hatch
Act (7 U.S.C. 361a-i); $21,932,000 for grants for cooperative forestry
research (16 U.S.C. 582a-a7); $29,676,000 for
[[Page 112 STAT. 2681-6]]
payments to the 1890 land-grant colleges, including Tuskegee University
(7 U.S.C. 3222); $63,116,000 for special grants for agricultural
research (7 U.S.C. 450i(c)); $15,048,000 for special grants for
agricultural research on improved pest control (7 U.S.C. 450i(c));
$119,300,000 for competitive research grants (7 U.S.C. 450i(b));
$5,109,000 for the support of animal health and disease programs (7
U.S.C. 3195); $750,000 for supplemental and alternative crops and
products (7 U.S.C. 3319d); $600,000 for grants for research pursuant to
the Critical Agricultural Materials Act of 1984 (7 U.S.C. 178) and
section 1472 of the Food and Agriculture Act of 1977 (7 U.S.C. 3318), to
remain available until expended; $3,000,000 for higher education
graduate fellowship grants (7 U.S.C. 3152(b)(6)), to remain available
until expended (7 U.S.C. 2209b); $4,350,000 for higher education
challenge grants (7 U.S.C. 3152(b)(1)); $1,000,000 for a higher
education multicultural scholars program (7 U.S.C. 3152(b)(5)), to
remain available until expended (7 U.S.C. 2209b); $2,850,000 for an
education grants program for Hispanic-serving Institutions (7 U.S.C.
3241); $500,000 for a secondary agriculture education program and two-
year postsecondary education (7 U.S.C. 3152 (h)); $4,000,000 for
aquaculture grants (7 U.S.C. 3322); $8,000,000 for sustainable
agriculture research and education (7 U.S.C. 5811); $9,200,000 for a
program of capacity building grants (7 U.S.C. 3152(b)(4)) to colleges
eligible to receive funds under the Act of August 30, 1890 (7 U.S.C.
321-326 and 328), including Tuskegee University, to remain available
until expended (7 U.S.C. 2209b); $1,552,000 for payments to the 1994
Institutions pursuant to section 534(a)(1) of Public Law 103-382; and
$10,688,000 for necessary expenses of Research and Education Activities,
of which not to exceed $100,000 shall be for employment under 5 U.S.C.
3109; in all, $481,216,000.
None of the funds in the foregoing paragraph shall be available to
carry out research related to the production, processing or marketing of
tobacco or tobacco products.
Native American Institutions Endowment Fund
For establishment of a Native American institutions endowment fund,
as authorized by Public Law 103-382 (7 U.S.C. 301 note), $4,600,000.
Extension Activities
Payments to States, the District of Columbia, Puerto Rico, Guam, the
Virgin Islands, Micronesia, Northern Marianas, and American Samoa: For
payments for cooperative extension work under the Smith-Lever Act, to be
distributed under sections 3(b) and 3(c) of said Act, and under section
208(c) of Public Law 93-471, for retirement and employees' compensation
costs for extension agents and for costs of penalty mail for cooperative
extension agents and State extension directors, $276,548,000; payments
for extension work at the 1994 Institutions under the Smith-Lever Act (7
U.S.C. 343(b)(3)), $2,060,000; payments for the nutrition and family
education program for low-income areas under section 3(d) of the Act,
$58,695,000; payments for the pest management program under section 3(d)
of the Act, $10,783,000; payments for the farm safety program under
section 3(d) of the Act, $3,000,000; payments for the pesticide impact
assessment program under section 3(d) of the Act, $3,214,000; payments
to upgrade research, extension, and
[[Page 112 STAT. 2681-7]]
teaching facilities at the 1890 land-grant colleges, including Tuskegee
University, as authorized by section 1447 of Public Law 95-113 (7 U.S.C.
3222b), $8,426,000, to remain available until expended; payments for the
rural development centers under section 3(d) of the Act, $908,000;
payments for a groundwater quality program under section 3(d) of the
Act, $9,561,000; payments for youth-at-risk programs under section 3(d)
of the Act, $9,000,000; payments for a food safety program under section
3(d) of the Act, $7,365,000; payments for carrying out the provisions of
the Renewable Resources Extension Act of 1978, $3,192,000; payments for
Indian reservation agents under section 3(d) of the Act, $1,714,000;
payments for sustainable agriculture programs under section 3(d) of the
Act, $3,309,000; payments for rural health and safety education as
authorized by section 2390 of Public Law 101-624 (7 U.S.C. 2661 note,
2662), $2,628,000; payments for cooperative extension work by the
colleges receiving the benefits of the second Morrill Act (7 U.S.C. 321-
326 and 328) and Tuskegee University, $25,843,000; and for Federal
administration and coordination including administration of the Smith-
Lever Act, and the Act of September 29, 1977 (7 U.S.C. 341-349), and
section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301 note), and
to coordinate and provide program leadership for the extension work of
the Department and the several States and insular possessions,
$11,741,000; in all, $437,987,000: Provided, That funds hereby
appropriated pursuant to section 3(c) of the Act of June 26, 1953, and
section 506 of the Act of June 23, 1972, shall not be paid to any State,
the District of Columbia, Puerto Rico, Guam, or the Virgin Islands,
Micronesia, Northern Marianas, and American Samoa prior to availability
of an equal sum from non-Federal sources for expenditure during the
current fiscal year.
Office of the Assistant Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the Assistant
Secretary for Marketing and Regulatory Programs to administer programs
under the laws enacted by the Congress for the Animal and Plant Health
Inspection Service, the Agricultural Marketing Service, and the Grain
Inspection, Packers and Stockyards Administration, $618,000.
Animal and Plant Health Inspection Service
For expenses, not otherwise provided for, including those pursuant
to the Act of February 28, 1947 (21 U.S.C. 114b-c), necessary to
prevent, control, and eradicate pests and plant and animal diseases; to
carry out inspection, quarantine, and regulatory activities; to
discharge the authorities of the Secretary of Agriculture under the Act
of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426-426b); and to protect the
environment, as authorized by law, $425,803,000, of which $4,105,000
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds to
the extent necessary to meet emergency conditions: Provided, That no
funds shall be used to formulate or
[[Page 112 STAT. 2681-8]]
administer a brucellosis eradication program for the current fiscal year
that does not require minimum matching by the States of at least 40
percent: Provided further, That this appropriation shall be available
for field employment pursuant to the second sentence of section 706(a)
of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000
shall be available for employment under 5 U.S.C. 3109: Provided further,
That this appropriation shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed four, of which
two shall be for replacement only: Provided further, That, in addition,
in emergencies which <> threaten any segment of the
agricultural production industry of this country, the Secretary may
transfer from other appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed necessary, to
be available only in such emergencies for the arrest and eradication of
contagious or infectious disease or pests of animals, poultry, or
plants, and for expenses in accordance with the Act of February 28,
1947, and section 102 of the Act of September 21, 1944, and any
unexpended balances of funds transferred for such emergency purposes in
the next preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and alteration
of leased buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
In fiscal year 1999, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic and
international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods, or
services provided to the entity by the agency, and such fees shall be
credited to this account, to remain available until expended, without
further appropriation, for providing such assistance, goods, or
services.
Of the total amount available under this heading in fiscal year
1999, $88,000,000 shall be derived from user fees deposited in the
Agricultural Quarantine Inspection User Fee Account.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $7,700,000, to
remain available until expended.
Agricultural Marketing Service
For necessary expenses to carry on services related to consumer
protection, agricultural marketing and distribution, transportation, and
regulatory programs, as authorized by law, and for administration and
coordination of payments to States, including field employment pursuant
to the second sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225) and not to exceed $90,000
[[Page 112 STAT. 2681-9]]
for employment under 5 U.S.C. 3109, $48,831,000, including funds for the
wholesale market development program for the design and development of
wholesale and farmer market facilities for the major metropolitan areas
of the country: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Fees may be collected for the cost of standardization activities, as
established by regulation pursuant to law (31 U.S.C. 9701).
Not to exceed $60,730,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses: Provided,
That if crop size is understated and/or other uncontrollable events
occur, the agency may exceed this limitation by up to 10 percent with
notification to the Appropriations Committees.
Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c) shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, except for:
(1) transfers to the Department of Commerce as authorized by the Fish
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $10,998,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of
1961.
For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$1,200,000.
Grain Inspection, Packers and Stockyards Administration
For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers and
Stockyards Act, for certifying procedures used to protect purchasers of
farm products, and the standardization activities related to grain under
the Agricultural Marketing Act of 1946, including field employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $25,000 for employment under 5
U.S.C. 3109, $26,787,000: Provided, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
[[Page 112 STAT. 2681-10]]
Not to exceed $42,557,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing services:
Provided, That if grain export activities require additional supervision
and oversight, or other uncontrollable factors occur, this limitation
may be exceeded by up to 10 percent with notification to the
Appropriations Committees.
For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the Congress
for the Food Safety and Inspection Service, $446,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, $616,986,000, and in addition,
$1,000,000 may be credited to this account from fees collected for the
cost of laboratory accreditation as authorized by section 1017 of Public
Law 102-237: Provided, That this appropriation shall not be available
for shell egg surveillance under section 5(d) of the Egg Products
Inspection Act (21 U.S.C. 1034(d)): Provided further, That this
appropriation shall be available for field employment pursuant to the
second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C.
2225), and not to exceed $75,000 shall be available for employment under
5 U.S.C. 3109: Provided further, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural Services
For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer the
laws enacted by Congress for the Farm Service Agency, the Foreign
Agricultural Service, the Risk Management Agency, and the Commodity
Credit Corporation, $572,000.
Farm Service Agency
For necessary expenses for carrying out the administration and
implementation of programs administered by the Farm Service Agency,
$714,499,000: Provided, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of the
Commodity Credit Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds made
available to the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That these funds shall be
available for employment
[[Page 112 STAT. 2681-11]]
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $1,000,000 shall be available
for employment under 5 U.S.C. 3109.
For grants pursuant to section 502(b) of the Agricultural Credit Act
of 1987 (7 U.S.C. 5101-5106), $2,000,000.
For necessary expenses involved in making indemnity payments to
dairy farmers for milk or cows producing such milk and manufacturers of
dairy products who have been directed to remove their milk or dairy
products from commercial markets because it contained residues of
chemicals registered and approved for use by the Federal Government, and
in making indemnity payments for milk, or cows producing such milk, at a
fair market value to any dairy farmer who is directed to remove his milk
from commercial markets because of: (1) the presence of products of
nuclear radiation or fallout if such contamination is not due to the
fault of the farmer; or (2) residues of chemicals or toxic substances
not included under the first sentence of the Act of August 13, 1968 (7
U.S.C. 450j), if such chemicals or toxic substances were not used in a
manner contrary to applicable regulations or labeling instructions
provided at the time of use and the contamination is not due to the
fault of the farmer, $450,000, to remain available until expended (7
U.S.C. 2209b): Provided, That none of the funds contained in this Act
shall be used to make indemnity payments to any farmer whose milk was
removed from commercial markets as a result of the farmer's willful
failure to follow procedures prescribed by the Federal Government:
Provided further, That this amount shall be transferred to the Commodity
Credit Corporation: Provided further, That the Secretary is authorized
to utilize the services, facilities, and authorities of the Commodity
Credit Corporation for the purpose of making dairy indemnity
disbursements.
For 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, as follows: farm
ownership loans, $510,682,000, of which $425,031,000 shall be for
guaranteed loans; operating loans, $1,648,276,000, of which $948,276,000
shall be for unsubsidized guaranteed loans and $200,000,000 shall be for
subsidized guaranteed loans; Indian tribe land acquisition loans as
authorized by 25 U.S.C. 488, $1,000,000; for emergency insured loans,
$25,000,000 to meet the needs resulting from natural disasters; and for
boll weevil eradication program loans as authorized by 7 U.S.C. 1989,
$100,000,000.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans, $19,580,000, of which
$6,758,000 shall be for guaranteed loans; operating loans, $62,630,000,
of which $11,000,000 shall be for
[[Page 112 STAT. 2681-12]]
unsubsidized guaranteed loans and $17,480,000 shall be for subsidized
guaranteed loans; Indian tribe land acquisition loans as authorized by
25 U.S.C. 488, $153,000; for emergency insured loans, $5,900,000 to meet
the needs resulting from natural disasters; and for boll weevil
eradication program loans as authorized by 7 U.S.C. 1989, $1,440,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $219,861,000, of which $209,861,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Risk Management Agency
For administrative and operating expenses, as authorized by the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 6933),
$64,000,000: Provided, That not to exceed $700 shall be available for
official reception and representation expenses, as authorized by 7
U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.
For payments as authorized by section 516 of the Federal Crop
Insurance Act, such sums as may be necessary, to remain available until
expended (7 U.S.C. 2209b).
Commodity Credit Corporation Fund
For fiscal year 1999, such sums as may be necessary to reimburse the
Commodity Credit Corporation for net realized losses sustained, but not
previously reimbursed (estimated to be $8,439,000,000 in the President's
fiscal year 1999 Budget Request (H. Doc. 105-177)), but not to exceed
$8,439,000,000, pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11).
For fiscal year 1999, the Commodity Credit Corporation shall not
expend more than $5,000,000 for expenses to comply with the requirement
of section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. 9607(g), and section 6001 of
the Resource Conservation and Recovery Act, 42 U.S.C. 6961: Provided,
That expenses shall be for operations and maintenance costs only and
that other hazardous waste management costs shall be paid for by the
USDA Hazardous Waste Management appropriation in this Act.
[[Page 112 STAT. 2681-13]]
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the Natural Resources
Conservation Service, $693,000.
Natural Resources Conservation Service
For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
plans and establishment of measures to conserve soil and water
(including farm irrigation and land drainage and such special measures
for soil and water management as may be necessary to prevent floods and
the siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$641,243,000, to remain available until expended (7 U.S.C. 2209b), of
which not less than $5,990,000 is for snow survey and water forecasting
and not less than $9,025,000 is for operation and establishment of the
plant materials centers: Provided, That appropriations hereunder shall
be available pursuant to 7 U.S.C. 2250 for construction and improvement
of buildings and public improvements at plant materials centers, except
that the cost of alterations and improvements to other buildings and
other public improvements shall not exceed $250,000: Provided further,
That when buildings or other structures are erected on non-Federal land,
that the right to use such land is obtained as provided in 7 U.S.C.
2250a: Provided further, That this appropriation shall be available for
technical assistance and related expenses to carry out programs
authorized by section 202(c) of title II of the Colorado River Basin
Salinity Control Act of 1974 (43 U.S.C. 1592(c)): Provided further, That
no part of this appropriation may be expended for soil and water
conservation operations under the Act of April 27, 1935 in demonstration
projects: Provided further, That this appropriation shall be available
for employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $25,000 shall be
available for employment under 5 U.S.C. 3109: Provided further, That
qualified local engineers may be temporarily employed at per diem rates
to perform the technical planning work of the Service (16 U.S.C. 590e-
2).
[[Page 112 STAT. 2681-14]]
For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the Watershed
Protection and Flood Prevention Act approved August 4, 1954 (16 U.S.C.
1001-1009), $10,368,000: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$110,000 shall be available for employment under 5 U.S.C. 3109.
For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing works
and changes in use of land, in accordance with the Watershed Protection
and Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001-1005
and 1007-1009), the provisions of the Act of April 27, 1935 (16 U.S.C.
590a-f), and in accordance with the provisions of laws relating to the
activities of the Department, $99,443,000, to remain available until
expended (7 U.S.C. 2209b) (of which up to $15,000,000 may be available
for the watersheds authorized under the Flood Control Act approved June
22, 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)): Provided, That not to
exceed $47,000,000 of this appropriation shall be available for
technical assistance: Provided further, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$200,000 shall be available for employment under 5 U.S.C. 3109: Provided
further, That not to exceed $1,000,000 of this appropriation is
available to carry out the purposes of the Endangered Species Act of
1973 (Public Law 93-205), including cooperative efforts as contemplated
by that Act to relocate endangered or threatened species to other
suitable habitats as may be necessary to expedite project construction.
For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant to
the provisions of section 32(e) of title III of the Bankhead-Jones Farm
Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607), the Act of April 27, 1935
(16 U.S.C. 590a-f), and the Agriculture and Food Act of 1981 (16 U.S.C.
3451-3461), $35,000,000, to remain available until expended (7 U.S.C.
2209b): Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be
available for employment under 5 U.S.C. 3109.
For necessary expenses, not otherwise provided for, to carry out the
program of forestry incentives, as authorized by the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101), including technical
assistance and related expenses, $6,325,000, to remain available until
expended, as authorized by that Act.
[[Page 112 STAT. 2681-15]]
TITLE III
RURAL ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under the laws
enacted by the Congress for the Rural Housing Service, the Rural
Business-Cooperative Service, and the Rural Utilities Service of the
Department of Agriculture, $588,000.
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, and 1932, except for sections
381E-H, 381N, and 381O of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009f), $722,686,000, to remain available until expended,
of which $29,786,000 shall be for rural community programs described in
section 381E(d)(1) of the Consolidated Farm and Rural Development Act;
of which $645,007,000 shall be for the rural utilities programs
described in section 381E(d)(2) of such Act, as provided in 7 U.S.C.
1926(a) and 7 U.S.C. 1926C; and of which $47,893,000 shall be for the
rural business and cooperative development programs described in section
381E(d)(3) of such Act: Provided, That of the amount appropriated for
the rural business and cooperative development programs, not to exceed
$500,000 shall be made available for a grant to a qualified national
organization to provide technical assistance for rural transportation in
order to promote economic development: Provided further, That not to
exceed $16,215,000 shall be for technical assistance grants for rural
waste systems pursuant to section 306(a)(14) of such Act; and not to
exceed $5,300,000 shall be for contracting with qualified national
organizations for a circuit rider program to provide technical
assistance for rural water systems: Provided further, That of the total
amount appropriated, not to exceed $33,926,000 shall be available
through June 30, 1999, for empowerment zones and enterprise communities,
as authorized by Public Law 103-66, of which $1,844,000 shall be for
rural community programs described in section 381E(d)(1) of such Act; of
which $23,948,000 shall be for the rural utilities programs described in
section 381E(d)(2) of such Act; of which $8,134,000 shall be for the
rural business and cooperative development programs described in section
381E(d)(3) of such Act.
Rural Housing Service
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949, to
be available from funds in the rural housing insurance fund, as follows:
$3,965,313,000 for loans to section 502 borrowers, as determined by the
Secretary, of which $3,000,000,000 shall be
[[Page 112 STAT. 2681-16]]
for unsubsidized guaranteed loans; $25,001,000 for section 504 housing
repair loans; $100,000,000 for section 538 guaranteed multi-family
housing loans; $20,000,000 for section 514 farm labor housing;
$114,321,000 for section 515 rental housing; $5,152,000 for section 524
site loans; $16,930,000 for credit sales of acquired property, of which
up to $5,001,000 may be for multi-family credit sales; and $5,000,000
for section 523 self-help housing land development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $116,800,000, of which
$2,700,000 shall be for unsubsidized guaranteed loans; section 504
housing repair loans, $8,808,000; section 538 multi-family housing
guaranteed loans, $2,320,000; section 514 farm labor housing,
$10,406,000; section 515 rental housing, $55,160,000; section 524 site
loans, $17,000; credit sales of acquired property, $3,492,000, of which
up to $2,416,000 may be for multi-family credit sales; and section 523
self-help housing land development loans, $282,000: Provided, That of
the total amount appropriated in this paragraph, $10,380,000 shall be
for empowerment zones and enterprise communities, as authorized by
Public Law 103-66: Provided further, That if such funds are not
obligated for empowerment zones and enterprise communities by June 30,
1999, they shall remain available for other authorized purposes under
this head.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $360,785,000, which shall be
transferred to and merged with the appropriation for ``Rural Housing
Service, Salaries and Expenses''.
For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) or agreements entered into in lieu
of debt forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing Act of 1949, $583,397,000; and, in
addition, such sums as may be necessary, as authorized by section 521(c)
of the Act, to liquidate debt incurred prior to fiscal year 1992 to
carry out the rental assistance program under section 521(a)(2) of the
Act: Provided, That of this amount, not more than $5,900,000 shall be
available for debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Act, and not to exceed $10,000
per project for advances to nonprofit organizations or public agencies
to cover direct costs (other than purchase price) incurred in purchasing
projects pursuant to section 502(c)(5)(C) of the Act: Provided further,
That agreements entered into or renewed during fiscal year 1999 shall be
funded for a five-year period, although the life of any such agreement
may be extended to fully utilize amounts obligated.
For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $26,000,000, to remain available
until expended (7 U.S.C. 2209b): Provided, That of the total amount
appropriated, $1,000,000 shall be for empowerment zones and enterprise
communities, as authorized by Public Law
[[Page 112 STAT. 2681-17]]
103-66: Provided further, That if such funds are not obligated for
empowerment zones and enterprise communities by June 30, 1999, they
shall remain available for other authorized purposes under this head.
For grants and contracts for housing for domestic farm labor, very
low-income housing repair, supervisory and technical assistance,
compensation for construction defects, and rural housing preservation
made by the Rural Housing Service, as authorized by 42 U.S.C. 1474,
1479(c), 1486, 1490e, and 1490m, $41,000,000, to remain available until
expended: Provided, That of the total amount appropriated, $1,200,000
shall be for empowerment zones and enterprise communities, as authorized
by Public Law 103-66: Provided further, That if such funds are not
obligated for empowerment zones and enterprise communities by June 30,
1999, they shall remain available for other authorized purposes under
this head.
For necessary expenses of the Rural Housing Service, including
administering the programs authorized by the Consolidated Farm and Rural
Development Act, title V of the Housing Act of 1949, and cooperative
agreements, $60,978,000: Provided, That this appropriation shall be
available for employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
$520,000 may be used for employment under 5 U.S.C. 3109: Provided
further, That the Administrator may expend not more than $10,000 to
provide modest nonmonetary awards to non-USDA employees.
Rural Business-Cooperative Service
For the cost of direct loans, $16,615,000, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)): 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 gross obligations
for the principal amount of direct loans of $33,000,000: Provided
further, That through June 30, 1999, of the total amount appropriated,
$3,215,520 shall be available for the cost of direct loans for
empowerment zones and enterprise communities, as authorized by title
XIII of the Omnibus Budget Reconciliation Act of 1993, to subsidize
gross obligations for the principal amount of direct loans, $7,246,000:
Provided further, That if such funds are not obligated for empowerment
zones and enterprise communities by June 30, 1999, they shall remain
available for other authorized purposes under this head.
In addition, for administrative expenses to carry out the direct
loan programs, $3,482,000 shall be transferred to and merged with the
appropriation for ``Rural Business-Cooperative Service, Salaries and
Expenses''.
[[Page 112 STAT. 2681-18]]
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$15,000,000.
For the cost of direct loans, including the cost of modifying loans
as defined in section 502 of the Congressional Budget Act of 1974,
$3,783,000.
Of the funds derived from interest on the cushion of credit payments
in fiscal year 1999, as authorized by section 313 of the Rural
Electrification Act of 1936, $3,783,000 shall not be obligated and
$3,783,000 are rescinded.
For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $3,300,000, of which $1,300,000 shall be available for
cooperative agreements for the appropriate technology transfer for rural
areas program and $250,000 shall be available for an agribusiness and
cooperative development program.
For necessary expenses of the Rural Business-Cooperative Service,
including administering the programs authorized by the Consolidated Farm
and Rural Development Act; section 1323 of the Food Security Act of
1985; the Cooperative Marketing Act of 1926; for activities relating to
the marketing aspects of cooperatives, including economic research
findings, as authorized by the Agricultural Marketing Act of 1946; for
activities with institutions concerning the development and operation of
agricultural cooperatives; and for cooperative agreements; $25,680,000:
Provided, That this appropriation shall be available for employment
pursuant to the second sentence of section 706(a) of the Organic Act of
1944 (7 U.S.C. 2225), and not to exceed $260,000 may be used for
employment under 5 U.S.C. 3109.
Alternative Agricultural Research and Commercialization Corporation
Revolving Fund
For necessary expenses to carry out the Alternative Agricultural
Research and Commercialization Act of 1990 (7 U.S.C. 5901-5908),
$3,500,000 is appropriated to the Alternative Agricultural Research and
Commercialization Corporation Revolving Fund.
Rural Utilities Service
Insured loans pursuant to the authority of section 305 of the Rural
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5
percent rural electrification loans, $71,500,000; 5
[[Page 112 STAT. 2681-19]]
percent rural telecommunications loans, $75,000,000; cost of money rural
telecommunications loans, $300,000,000; municipal rate rural electric
loans, $295,000,000; and loans made pursuant to section 306 of that Act,
rural electric, $700,000,000 and rural telecommunications, $120,000,000,
to remain available until expended.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct and
guaranteed loans authorized by the Rural Electrification Act of 1936 (7
U.S.C. 935 and 936), as follows: cost of direct loans, $16,667,000; cost
of municipal rate loans, $25,842,000; cost of money rural
telecommunications loans, $810,000: Provided, That notwithstanding
section 305(d)(2) of the Rural Electrification Act of 1936, borrower
interest rates may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $29,982,000, which shall be
transferred to and merged with the appropriation for ``Rural Utilities
Service, Salaries and Expenses''.
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corporation
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 may be necessary in carrying out
its authorized programs. During fiscal year 1999 and within the
resources and authority available, gross obligations for the principal
amount of direct loans shall be $157,509,000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct loans
authorized by the Rural Electrification Act of 1936 (7 U.S.C. 935),
$4,174,000.
In addition, for administrative expenses necessary to carry out the
loan programs, $3,000,000, which shall be transferred to and merged with
the appropriation for ``Rural Utilities Service, Salaries and
Expenses''.
For the cost of direct loans and grants, as authorized by 7 U.S.C.
950aaa et seq., $12,680,000, to remain available until expended, to be
available for loans and grants for telemedicine and distance learning
services in rural areas: Provided, That the costs of direct loans shall
be as defined in section 502 of the Congressional Budget Act of 1974.
For necessary expenses of the Rural Utilities Service, including
administering the programs authorized by the Rural Electrification Act
of 1936, and the Consolidated Farm and Rural Development Act, and for
cooperative agreements, $33,000,000: Provided, That this appropriation
shall be available for employment pursuant to the second sentence of
section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to
exceed $105,000 may be used for employment under 5 U.S.C. 3109.
[[Page 112 STAT. 2681-20]]
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary salaries and expenses of the Office of the Under
Secretary for Food, Nutrition and Consumer Services to administer the
laws enacted by the Congress for the Food and Nutrition Service,
$554,000.
Food and Nutrition Service
For necessary expenses to carry out the National School Lunch Act
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21;
$9,176,897,000, to remain available through September 30, 2000, of which
$4,128,747,000 is hereby appropriated and $5,048,150,000 shall be
derived by transfer from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c): Provided, That none of the funds made
available under this heading shall be used for studies and evaluations:
Provided further, That up to $4,300,000 shall be available for
independent verification of school food service claims: Provided
further, That none of the funds under this heading shall be available
unless the value of bonus commodities provided under section 32 of the
Act of August 24, 1935 (49 Stat. 774, chapter 641; 7 U.S.C. 612c), and
section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431) is included
in meeting the minimum commodity assistance requirement of section 6(g)
of the National School Lunch Act (42 U.S.C. 1755(g)).
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $3,924,000,000, to remain available through
September 30, 2000: Provided, That none of the funds made available
under this heading shall be used for studies and evaluations: Provided
further, That of the total amount available, the Secretary shall
obligate $10,000,000 for the farmers' market nutrition program within 45
days of the enactment of this Act, and an additional $5,000,000 for the
farmers' market nutrition program from any funds not needed to maintain
current caseload levels: Provided further, That none of the funds in
this Act shall be available to pay administrative expenses of WIC
clinics except those that have an announced policy of prohibiting
smoking within the space used to carry out the program: Provided
further, That none of the funds provided in this account shall be
available for the purchase of infant formula except in accordance with
the cost containment and competitive bidding requirements specified in
section 17 of the Child Nutrition Act of 1966: Provided further, That
State agencies required to procure infant formula using a competitive
bidding system may use funds appropriated by this Act to
[[Page 112 STAT. 2681-21]]
purchase infant formula under a cost containment contract entered into
after September 30, 1996, only if the contract was awarded to the bidder
offering the lowest net price, as defined by section 17(b)(20) of the
Child Nutrition Act of 1966, unless the State agency demonstrates to the
satisfaction of the Secretary that the weighted average retail price for
different brands of infant formula in the State does not vary by more
than 5 percent.
For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011 et seq.), $22,585,106,000, of which $100,000,000 shall be placed in
reserve for use only in such amounts and at such times as may become
necessary to carry out program operations: Provided, That none of the
funds made available under this head shall be used for studies and
evaluations: Provided further, That funds provided herein shall be
expended in accordance with section 16 of the Food Stamp Act: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by law:
Provided further, That funds made available for Employment and Training
under this head shall remain available until expended, as authorized by
section 16(h)(1) of the Food Stamp Act.
commodity assistance program
For necessary expenses to carry out the commodity supplemental food
program as authorized by section 4(a) of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c note) and the Emergency Food
Assistance Act of 1983, $131,000,000, to remain available through
September 30, 2000: Provided, That none of these funds shall be
available to reimburse the Commodity Credit Corporation for commodities
donated to the program.
For necessary expenses to carry out section 4(a) of the Agriculture
and Consumer Protection Act of 1973 (7 U.S.C. 612c note), and section
311 of the Older Americans Act of 1965 (42 U.S.C. 3030a), $141,081,000,
to remain available through September 30, 2000.
food program administration
For necessary administrative expenses of the domestic food programs
funded under this Act, $108,561,000, of which $5,000,000 shall be
available only for simplifying procedures, reducing overhead costs,
tightening regulations, improving food stamp coupon handling, and
assistance in the prevention, identification, and prosecution of fraud
and other violations of law and of which $2,000,000 shall be available
for obligation only after promulgation of a final rule to curb vendor
related fraud: Provided, That this appropriation shall be available for
employment pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 shall be
available for employment under 5 U.S.C. 3109.
[[Page 112 STAT. 2681-22]]
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service and General Sales Manager
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954 (7
U.S.C. 1761-1768), market development activities abroad, and for
enabling the Secretary to sacoordinate and integrate activities of the
Department in connection with foreign agricultural work, including not
to exceed $128,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
1766), $136,203,000: Provided, That the Service may utilize advances of
funds, or reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1736) and the foreign assistance programs
of the International Development Cooperation Administration (22 U.S.C.
2392).
None of the funds in the foregoing paragraph shall be available to
promote the sale or export of tobacco or tobacco products.
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954 (7 U.S.C. 1691, 1701-1704, 1721-1726a, 1727-1727e, 1731-1736g-3,
and 1737), as follows: (1) $203,475,000 for Public Law 480 title I
credit, including Food for Progress programs; (2) $16,249,000 is hereby
appropriated for ocean freight differential costs for the shipment of
agricultural commodities pursuant to title I of said Act and the Food
for Progress Act of 1985; (3) $837,000,000 is hereby appropriated for
commodities supplied in connection with dispositions abroad pursuant to
title II of said Act; and (4) $25,000,000 is hereby appropriated for
commodities supplied in connection with dispositions abroad pursuant to
title III of said Act: Provided, That not to exceed 15 percent of the
funds made available to carry out any title of said Act may be used to
carry out any other title of said Act: Provided further, That such sums
shall remain available until expended (7 U.S.C. 2209b).
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of direct credit agreements as authorized by the
Agricultural Trade Development and Assistance Act of 1954, and the Food
for Progress Act of 1985, including the cost of modifying credit
agreements under said Act, $176,596,000.
In addition, for administrative expenses to carry out the Public Law
480 title I credit program, and the Food for Progress Act of 1985, to
the extent funds appropriated for Public Law 480 are utilized,
$1,850,000, of which $1,035,000 may be transferredto and merged with the
appropriation for ``Foreign Agricultural Service and General Sales
Manager'' and $815,000 may be transferred
[[Page 112 STAT. 2681-23]]
to and merged with the appropriation for ``Farm Service Agency, Salaries
and Expenses''.
For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103, $3,820,000;
to cover common overhead expenses as permitted by section 11 of the
Commodity Credit Corporation Charter Act and in conformity with the
Federal Credit Reform Act of 1990, of which $3,231,000 may be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service and General Sales Manager'' and $589,000 may be
transferred to and merged with the appropriation for ``Farm Service
Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; and for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's certificate,
not to exceed $25,000; $1,103,140,000, of which not to exceed
$132,273,000 in fees pursuant to section 736 of the Federal Food, Drug,
and Cosmetic Act may be credited to this appropriation and remain
available until expended: Provided, That fees derived from applications
received during fiscal year 1999 shall be subject to the fiscal year
1999 limitation: Provided further, That none of these funds shall be
used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the total amount
appropriated: (1) $231,580,000 shall be for the Center for Food Safety
and Applied Nutrition and related field activities in the Office of
Regulatory Affairs, of which, and notwithstanding section 409(h)(5)(A)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), an
amount of $500,000 shall be made available for the development of
systems, regulations, and pilot programs, if any, that would be required
to permit full implementation, consistent with section 409(h)(5) of that
Act, in fiscal year 2000 of the food contact substance notification
program under section 409(h) of such Act; (2) $291,981,000 shall be for
the Center for Drug Evaluation and Research and related field activities
in the Officeof Regulatory Affairs; (3) $125,095,000 shall be for the
Center for Biologics Evaluation and Research and for related field
activities in the Office
[[Page 112 STAT. 2681-24]]
of Regulatory Affairs; (4) $41,973,000 shall be for the Center for
Veterinary Medicine and for related field activities in the Office of
Regulatory Affairs; (5) $145,736,000 shall be for the Center for Devices
and Radiological Health and for related field activities in the Office
of Regulatory Affairs; (6) $31,579,000 shall be for the National Center
for Toxicological Research; (7) $34,000,000 shall be for the Office of
Tobacco; (8) $25,855,000 shall be for Rent and Related activities, other
than the amounts paid to the General Services Administration; (9)
$88,294,000 shall be for payments to the General Services Administration
for rent and related costs; and (10) $87,047,000 shall be for other
activities, including the Office of the Commissioner, the Office of
Policy, the Office of External Affairs, the Office of Operations, the
Office of Management and Systems, and central services for these
offices: Provided further, That funds may be transferred from one
specified activity to another with the prior approval of the Committee
on Appropriations of both Houses of Congress.
In addition, fees pursuant to section 354 of the Public Health
Service Act may be credited to this account, to remain available until
expended.
In addition, fees pursuant to section 801 of the Federal Food, Drug,
and Cosmetic Act may be credited to this account, to remain available
until expended.
For plans, construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of or used by the Food and
Drug Administration, where not otherwise provided, $11,350,000, to
remain available until expended (7 U.S.C. 2209b).
DEPARTMENT OF THE TREASURY
Financial Management Service
For necessary payments to the Farm Credit System Financial
Assistance Corporation by the Secretary of the Treasury, as authorized
by section 6.28(c) of the Farm Credit Act of 1971, for reimbursement of
interest expenses incurred by the Financial Assistance Corporation on
obligations issued through 1994, as authorized, $2,565,000.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles; the rental of space (to include multiple year
leases) in the District of Columbia and elsewhere; and not to exceed
$25,000 for employment under 5 U.S.C. 3109, $61,000,000, including not
to exceed $1,000 for official reception and representation expenses:
Provided, That the Commission is authorized to charge reasonable fees to
attendees of
[[Page 112 STAT. 2681-25]]
Commission sponsored educational events and symposia to cover the
Commission's costs of providing those events and symposia, and
notwithstanding 31 U.S.C. 3302, said fees shall be credited to this
account, to be available without further appropriation.
Farm Credit Administration
Not to exceed $35,800,000 (from assessments collected from farm
credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships.
TITLE VII--GENERAL PROVISIONS
Sec. 701. Within the unit limit of cost fixed by law, appropriations
and authorizations made for the Department of Agriculture for the fiscal
year 1999 under this Act shall be available for the purchase, in
addition to those specifically provided for, of not to exceed 440
passenger motor vehicles, of which 437 shall be for replacement only,
and for the hire of such vehicles.
Sec. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances therefor as
authorized by law (5 U.S.C. 5901-5902).
Sec. <> 703. Not less than $1,500,000 of the
appropriations of the Department of Agriculture in this Act for research
and service work authorized by the Acts of August 14, 1946, and July 28,
1954 (7 U.S.C. 427 and 1621-1629), and by chapter 63 of title 31, United
States Code, shall be available for contracting in accordance with said
Acts and chapter.
Sec. 704. The cumulative total of transfers to the Working Capital
Fund for the purpose of accumulating growth capital for data services
and National Finance Center operations shall not exceed $2,000,000:
Provided, That no funds in this Act appropriated to an agency of the
Department shall be transferred to the Working Capital Fund without the
approval of the agency administrator.
Sec. <> 705. New obligational authority provided
for the following appropriation items in this Act shall remain available
until expended (7 U.S.C. 2209b): Animal and Plant Health Inspection
Service, the contingency fund to meet emergency conditions, fruit fly
program, integrated systems acquisition project, and up to $2,000,000
for costs associated with collocating regional offices; Farm Service
Agency, salaries and expenses funds made available to county committees;
and Foreign Agricultural Service, middle-income country training
program.
New obligational authority for the boll weevil program; up to 10
percent of the screwworm program of the Animal and Plant Health
Inspection Service; Food Safety and Inspection Service, field automation
and information management project; funds appropriated for rental
payments; funds for the Native American Institutions Endowment Fund in
the Cooperative State Research,
Education, and Extension Service; and funds for the competitive research
grants (7 U.S.C. 450i(b)), shall remain available until expended.
[[Page 112 STAT. 2681-26]]
Sec. 706. 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. 707. Not to exceed $50,000 of the appropriations available to
the Department of Agriculture in this Act shall be available to provide
appropriate orientation and language training pursuant to Public Law 94-
449.
Sec. 708. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is to
carry out programs of mutual interest between the two parties. This does
not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
<> Sec. 709. Notwithstanding any other
provision of this Act, commodities acquired by the Department in
connection with Commodity Credit Corporation and section 32 price
support operations may be used, as authorized by law (15 U.S.C. 714c and
7 U.S.C. 612c), to provide commodities to individuals in cases of
hardship as determined by the Secretary of Agriculture.
Sec. 710. None of the funds in this Act shall be available to
restrict the authority of the Commodity Credit Corporation to lease
space for its own use or to lease space on behalf of other agencies of
the Department of Agriculture when such space will be jointly occupied.
Sec. 711. None of the funds in this Act shall be available to pay
indirect costs on research grants awarded competitively by the
Cooperative State Research, Education, and Extension Service that exceed
14 percent of total Federal funds provided under each award: Provided,
That notwithstanding section 1462 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds
provided by this Act for grants awarded competitively by the Cooperative
State Research, Education, and Extension Service shall be available to
pay full allowable indirect costs for each grant awarded under the Small
Business Innovation Development Act of 1982, Public Law 97-219 (15
U.S.C. 638).
Sec. 712. Notwithstanding any other provisions of this Act, all loan
levels provided in this Act shall be considered estimates, not
limitations.
Sec. 713. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in fiscal year 1999
shall remain available until expended to cover obligations made in
fiscal year 1999 for the following accounts: the rural development loan
fund program account; the Rural Telephone Bank program account; the
rural electrification and telecommunications loans program account; and
the rural economic development loans program account.
Sec. 714. Such sums as may be necessary for fiscal year 1999 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated by this Act.
Sec. 715. Notwithstanding the Federal Grant and Cooperative
Agreement Act, marketing services of the Agricultural Marketing Service;
Grain Inspection, Packers and Stockyards Administration;
[[Page 112 STAT. 2681-27]]
and the Animal and Plant Health Inspection Service may use cooperative
agreements to reflect a relationship between the Agricultural Marketing
Service, the Grain Inspection, Packers and Stockyards Administration or
the Animal and Plant Health Inspection Service and a State or Cooperator
to carry out agricultural marketing programs or to carry out programs to
protect the Nation's animal and plant resources.
Sec. 716. Notwithstanding the Federal Grant and Cooperative
Agreement Act, the Natural Resources Conservation Service may enter into
contracts, grants, or cooperative agreements with a State agency or
subdivision, or a public or private organization, for the acquisition of
goods or services, including personal services, to carry out natural
resources conservation activities: Provided, That Commodity Credit
Corporation funds obligated for such purposes shall not exceed the level
obligated by the Commodity Credit Corporation for such purposes in
fiscal year 1998.
Sec. 717. None of the funds in this Act may be used to retire more
than 5 percent of the Class A stock of the Rural Telephone Bank or to
maintain any account or subaccount within the accounting records of the
Rural Telephone Bank the creation of which has not specifically been
authorized by statute: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise made
available in this Act may be used to transfer to the Treasury or to the
Federal Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of current
requirements and such balance shall receive interest as set forth for
financial accounts in section 505(c) of the Federal Credit Reform Act of
1990.
Sec. 718. Hereafter, none of the funds made available in this Act
may be used to provide assistance to, or to pay the salaries of
personnel to carry out a market promotion/market access program pursuant
to section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)
that provides assistance to the United States Mink Export Development
Council or any mink industry trade association.
Sec. 719. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task forces
of the Department of Agriculture, except for panels used to comply with
negotiated rule makings and panels used to evaluate competitively
awarded grants: Provided, That interagency funding is authorized to
carry out the purposes of the National Drought Policy Commission.
Sec. 720. None of the funds appropriated in this Act may be used to
carry out the provisions of section 918 of Public Law 104-127, the
Federal Agriculture Improvement and Reform Act.
Sec. 721. 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.
Sec. 722. None of the funds appropriated or otherwise made available
to the Department of Agriculture shall be used to transmit or otherwise
make available to any non-Department of Agriculture employee questions
or responses to questions that are a result of information requested for
the appropriations hearing process.
[[Page 112 STAT. 2681-28]]
Sec. 723. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without the prior approval of the Committee on
Appropriations of both Houses of Congress.
Sec. 724. (a) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 1999, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds which: (1) creates new programs; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any means for
any project or activity for which funds have been denied or restricted;
(4) relocates an office or employees; (5) reorganizes offices, programs,
or activities; or (6) contracts out or privatizes any functions or
activities presently performed by Federal employees; unless the
Committee on Appropriations of both Houses of Congress are notified
fifteen days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by previous
Appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 1999, or provided
from any accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this Act, shall
be available for obligation or expenditure for activities, programs, or
projects through a reprogramming of funds in excess of $500,000 or 10
percent, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by 10
percent as approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change in existing
programs, activities, or projects as approved by Congress; unless the
Committee on Appropriations of both Houses of Congress are notified
fifteen days in advance of such reprogramming of funds.
Sec. 725. None of the funds appropriated or otherwise made available
by this Act or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 793 of Public Law 104-127,
with the exception of funds made available under that section on January
1, 1997.
Sec. 726. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
who carry out an environmental quality incentives program authorized by
sections 334-341 of Public Law 104-127 in excess of $174,000,000.
Sec. 727. None of the funds appropriated or otherwise available to
the Department of Agriculture may be used to administer the provision of
contract payments to a producer under the Agricultural Market Transition
Act (7 U.S.C. 7201 et seq.) for contract acreage
[[Page 112 STAT. 2681-29]]
on which wild rice is planted unless the contract payment is reduced by
an acre for each contract acre planted to wild rice.
Sec. 728. The Federal facility located in Stuttgart, Arkansas, and
known as the ``United States National Rice Germplasm Evaluation and
Enhancement Center'', shall be known and designated as the ``Dale
Bumpers National Rice Research Center'': Provided, That any reference in
law, map, regulation, document, paper, or other record of the United
States to such federal facility shall be deemed to be a reference to the
``Dale Bumpers National Rice Research Center''.
Sec. 729. Notwithstanding any other provision of law, the Secretary
of Agriculture, subject to the reprogramming requirements established by
this Act, may transfer up to $26,000,000 in discretionary funds made
available by this Act among programs of the Department, not otherwise
appropriated for a specific purpose or a specific location, for
distribution to or for the benefit of the Lower Mississippi Delta
Region, as defined in Public Law 100-460, prior to normal state or
regional allocation of funds: Provided, That any funds made available
through Chapter Four of Subtitle D of Title XII of the Food Security Act
of 1985 (16 U.S.C. 3839aa et seq.) may be included in any amount
reprogrammed under this section if such funds are used for a purpose
authorized by such Chapter: Provided further, That any funds made
available from ongoing programs of the Department of Agriculture used
for the benefit of the Lower Mississippi Delta Region shall be counted
toward the level cited in this section.
Sec. 730. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to enroll in excess of 120,000 acres in the fiscal year 1999 wetlands
reserve program as authorized by 16 U.S.C. 3837.
Sec. 731. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to carry out the emergency food assistance program authorized by section
27(a) of the Food Stamp Act if such program exceeds $90,000,000.
Sec. 732. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out the provisions of section 401 of Public Law
105-185.
Sec. 733. Notwithstanding any other provision of law, the City of
Big Spring, Texas shall be eligible to participate in rural housing
programs administered by the Rural Housing Service.
Sec. 734. Notwithstanding any other provision of law, the
Municipality of Carolina, Puerto Rico shall be eligible for grants and
loans administered by the Rural Utilities Service.
Sec. 735. Notwithstanding section 381A of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009), the definitions of rural areas
for certain business programs administered by the Rural Business-
Cooperative Service and the community facilities programs administered
by the Rural Housing Service shall be those provided for in statute and
regulations prior to the enactment of Public Law 104-127.
Sec. 736. None of the funds appropriated or otherwise made available
by this Act shall be used to carry out any commodity purchase program
that would prohibit eligibility or participation by farmer-owned
cooperatives.
[[Page 112 STAT. 2681-30]]
Sec. 737. Section 512(d)(4)(D)(iii) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(d)(4)(D)(iii)) is amended by inserting
before the semicolon the following: ``, except that for purposes of this
clause, antibacterial ingredient or animal drug does not include the
ionophore or arsenical classes of animal drugs''.
Sec. 738. (a) None of the funds appropriated or otherwise made
available to the Secretary by this Act, any other Act, or any other
source may be used to issue the final rule to implement the amendments
to Federal milk marketing orders required by subsection (a)(1) of
section 143 of the Agricultural Market Transition Act (7 U.S.C. 7253),
other than during the period of February 1, 1999, through April 4, 1999,
and only if the actual implementation of the amendments as part of
Federal milk marketing orders takes effect on October 1, 1999,
notwithstanding the penalties that would otherwise be imposed under
subsection (c) of such section.
(b) None of such funds may be used to designate the State of
California as a separate Federal milk marketing order under subsection
(a)(2) of such section, other than during the period beginning on the
date of the issuance of the final rule referred to in subsection (a)
through September 30, 1999.
(c) For purposes of this section, a rule shall be considered to be a
final rule when the rule is submitted to Congress as required by chapter
8 of title 5, United States Code, to permit congressional review of
agency rulemaking and before the Secretary of Agriculture conducts the
producer referendum required under section 8c(19) of the Agricultural
Adjustment Act (7 U.S.C. 608c(19)), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937.
Sec. 739. Whenever the Secretary of Agriculture announces the basic
formula price for milk for purposes of Federal milk marketing orders
issued under section 8c of the Agricultural Adjustment Act (7 U.S.C.
608c), reenacted with amendments by the Agricultural Marketing Agreement
Act of 1937, the Secretary shall include in the announcement an
estimate, stated on a per hundredweight basis, of the costs incurred by
milk producers, including transportation and marketing costs, to produce
milk in the different regions of the United States.
Sec. 740. None of the funds appropriated or otherwise made available
by this Act shall be used to pay the salaries and expenses of personnel
to carry out a conservation farm option program, as authorized by
section 335 of Public Law 104-127.
<> Sec. 741. Waiver of Statute of
Limitations. (a) To the extent permitted by the Constitution, any civil
action to obtain relief with respect to the discrimination alleged in an
eligible complaint, if commenced not later than 2 years after the date
of the enactment of this Act, shall not be barred by any statute of
limitations.
(b) The complainant may, in lieu of filing a civil action, seek a
determination on the merits of the eligible complaint by the Department
of Agriculture if such complaint was filed not later than 2 years after
the date of enactment of this Act. The Department of Agriculture shall--
(1) provide the complainant an opportunity for a hearing on
the record before making that determination;
(2) award the complainant such relief as would be afforded
under the applicable statute from which the eligible complaint
arose notwithstanding any statute of limitations; and
[[Page 112 STAT. 2681-31]]
(3) to the maximum extent practicable within 180 days after
the date a determination of an eligible complaint is sought
under this subsection conduct an investigation, issue a written
determination and propose a resolution in accordance with this
subsection.
(c) Notwithstanding subsections (a) and (b), if an eligible claim is
denied administratively, the claimant shall have at least 180 days to
commence a cause of action in a Federal court of competent jurisdiction
seeking a review of such denial.
(d) The United States Court of Federal Claims and the United States
District Court shall have exclusive original jurisdiction over--
(1) any cause of action arising out of a complaint with
respect to which this section waives the statute of limitations;
and
(2) any civil action for judicial review of a determination
in an administrative proceeding in the Department of Agriculture
under this section.
(e) As used in this section, the term ``eligible complaint'' means a
nonemployment related complaint that was filed with the Department of
Agriculture before July 1, 1997 and alleges discrimination at any time
during the period beginning on January 1, 1981 and ending December 31,
1996--
(1) in violation of the Equal Credit Opportunity Act (15
U.S.C. 1691 et seq.) in administering--
(A) a farm ownership, farm operating, or emergency
loan funded from the Agricultural Credit Insurance
Program Account; or
(B) a housing program established under title V of
the Housing Act of 1949; or
(2) in the administration of a commodity program or a
disaster assistance program.
(f) This section shall apply in fiscal year 1999 and thereafter.
(g) The standard of review for judicial review of an agency action
with respect to an eligible complaint is de novo review. Chapter 5 of
title 5 of the United States Code shall apply with respect to an agency
action under this section with respect to an eligible complaint, without
regard to section 554(a)(1) of that title.
<> Sec. 742. In any claim brought under the
Rehabilitation Act of 1973 and filed with the Secretary of Agriculture
after January 1994 resulting in a finding that a farmer was subjected to
discrimination under any farm loan program or activity conducted by the
United States Department of Agriculture in violation of section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794), the Secretary of
Agriculture shall be liable for compensatory damages. Such liability
shall apply to any administrative action brought before the date of
enactment of this Act, but only if the action is brought within the
applicable statute of limitations and the complainant sought or seeks
compensatory damages while the action is pending.
Sec. 743. Public Law 102-237, Title X, Section 1013(a) and (b) (7
U.S.C. 426 note) is amended by striking ``, to the extent practicable,''
in each instance in which it appears.
Sec. 744. Funds made available for conservation operations by this
or any other Act, including prior-year balances, shall be available for
financial assistance and technical assistance for the purpose of
constructing the Franklin County Lake Project,
[[Page 112 STAT. 2681-32]]
Mississippi, in the amounts earmarked in appropriations report language.
Sec. 745. Section 306D of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926d) is amended by inserting ``25 percent
in'' in lieu of ``equal'' in subsection (b), and by inserting
``$20,000,000'' in lieu of ``$15,000,000'' in subsection (d).
Sec. 746. None of the funds made available to the Food and Drug
Administration by this Act shall be used to close or relocate, or to
plan to close or relocate, the Food and Drug Administration Division of
Drug Analysis in St. Louis, Missouri.
<> Sec. 747. None of the funds made
available by this Act or any other Act for any fiscal year may be used
to carry out section 302(h) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1622(h)) unless the Secretary of Agriculture inspects and
certifies agricultural processing equipment, and imposes a fee for the
inspection and certification, in a manner that is similar to the
inspection and certification of agricultural products under that
section, as determined by the Secretary: Provided, That this provision
shall not affect the authority of the Secretary to carry out the Federal
Meat Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products
Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products Inspection
Act (21 U.S.C. 1031 et seq.).
<> Sec. 748. Notwithstanding the provisions
of section 508(b)(5)(A) of the Federal Crop Insurance Act (7 U.S.C.
1508(b)(5)(A)), for the 1999 reinsurance and subsequent reinsurance
years, no producer shall pay more than $50 per crop per county as an
administrative fee for catastrophic risk protection under section
508(b)(5)(A) of the Act.
Sec. 749. That notwithstanding section 4703(d)(1) of title 5, United
States Code, the personnel management demonstration project established
in the Department of Agriculture, as described at 55 FR 9062 and amended
at 61 FR 9507 and 61 FR 49178, shall be continued indefinitely and
become effective upon enactment of this Act.
<> Sec. 750. Strike the last sentence under
the heading of Title IV--International Programs, Foreign Agricultural
Service of Public Law 100-202 (101 STAT. 1329 et seq.) and insert in
lieu thereof the following: ``On or after August 1, 1998 such
individuals employed by contract to perform such services shall not, by
virtue of such employment, be considered to be employees of the United
States Government for purposes of any law administered by the Office of
Personnel Management. Such individuals may be considered employees
within the meaning of the Federal Employee Compensation Act, 5 U.S.C.
8101 et seq.''.
Sec. 751. Section 1237D(c)(1) of subchapter C of the Food Security
Act of 1985 <> is amended by inserting after
``perpetual'' the following ``or 30-year''.
Sec. 752. <> Section 1237(b)(2) of subchapter C
of the Food Security Act of 1985 is amended by adding the following:
``(C) For purposes of subparagraph (A), to the
maximum extent practicable should be interpreted to mean
that acceptance of wetlands reserve program bids may be
in proportion to landowner interest expressed in program
options.''.
Sec. 753. (a) Section 3(d)(3) of the Forest and Rangeland Renewable
Resources Research Act of 1978 (16 U.S.C. 1642(d)(3)) (as amended by
section 253(b) of the Agricultural Research,
[[Page 112 STAT. 2681-33]]
Extension, and Education Reform Act of 1998) is amended by striking
``The Secretary'' and inserting ``At the request of the Governor of the
State of Maine, New Hampshire, New York, or Vermont, the Secretary''.
(b) Section 7(e)(2) of the Honey Research, Promotion, and Consumer
Information Act (7 U.S.C. 4606(e)(2)) (as amended by section 605(f)(3)
of the Agricultural Research, Extension, and Education Reform Act of
1998) is amended by striking ``$0.0075'' each place it appears and
inserting ``$0.01''.
(c)(1) Section 793(c)(2)(B) of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 2204f(c)(2)(B)) is amended--
(A) in clause (iii), by striking ``or'' at the end;
(B) in clause (iv), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(v) a State agricultural experiment
station.''.
(2) Section 401(d) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7621(d)) is amended--
(A) in paragraph (3), by striking ``or'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(5) a State agricultural experiment station.''.
(d) Section 3(d) of the Hatch Act of 1887 (7 U.S.C. 361c(d)) is
amended--
(1) in paragraph (1), by striking ``No'' and inserting
``Except as provided in paragraph (4), no''; and
(2) by adding at the end the following:
``(4) Territories.--In lieu of the matching funds
requirement of paragraph (1), the Commonwealth of Puerto Rico,
the Virgin Islands, and Guam shall be subject to the same
matching funds requirements as those applicable to an eligible
institution under section 1449 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222d).''.
(e) Section 3(e) of the Smith-Lever Act (7 U.S.C. 343(e)) is
amended--
(1) in paragraph (1), by inserting ``paragraph (4) and''
after ``provided in''; and
(2) by adding at the end the following:
``(4) Territories.--In lieu of the matching funds
requirement of paragraph (1), the Commonwealth of Puerto Rico,
the Virgin Islands, and Guam shall be subject to the same
matching funds requirements as those applicable to an eligible
institution under section 1449 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222d).''.
<> (f) The amendments made
by this section shall take effect on the date of enactment of the
Agricultural Research, Extension, and Education Reform Act of 1998.
Sec. 754. None of the funds appropriated by this Act or any other
Act shall be used to pay the salaries and expenses of personnel who
prepare or submit appropriations language as part of the President's
Budget submission to the Congress of the United States for programs
under the jurisdiction of the Appropriations Subcommittees on
Agriculture, Rural Development, and Related Agencies that assumes
revenues or reflects a reduction from the previous
[[Page 112 STAT. 2681-34]]
year due to user fees proposals that have not been enacted into law
prior to the submission of the Budget unless such Budget submission
identifies which additional spending reductions should occur in the
event the users fees proposals are not enacted prior to the date of the
convening of a committee of conference for the fiscal year 2000
appropriations Act.
Sec. 755. (a) Section 203(h) of the Agricultural Marketing Act of
1946 (7 U.S.C. 1622(h)) is amended by adding at the end the following:
``Shell eggs packed under the voluntary grading program of the
Department of Agriculture shall not have been shipped for sale previous
to being packed under the program, as determined under a regulation
promulgated by the Secretary.''.
(b) Not later than 90 days after the date of enactment of this Act,
the Secretary of Agriculture, and the Secretary of Health and Human
Services, shall submit a joint status report to the Committees on
Appropriations of the House of Representatives and the Senate that
describes actions taken by the Secretary of Agriculture and the
Secretary of Health and Human Services--
(1) to enhance the safety of shell eggs and egg products;
(2) to prohibit the grading, under the voluntary grading
program of the Department of Agriculture, of shell eggs
previously shipped for sale; and
(3) to assess the feasibility and desirability of applying
to all shell eggs the prohibition on repackaging to enhance food
safety, consumer information, and consumer awareness.
Sec. 756. Expenses for computer-related activities of the Department
of Agriculture funded through the Commodity Credit Corporation pursuant
to section 161(b)(1)(A) of Public Law 104-127 in fiscal year 1999 shall
not exceed $65,000,000: Provided, That section 4(g) of the Commodity
Credit Corporation Charter Act is amended <> by
striking $193,000,000 and inserting $188,000,000.
Sec. 757. (a) The Secretary of Agriculture may use funds for tree
assistance made available under Public Law 105-174, to carry out a tree
assistance program to owners of trees that were lost or destroyed as a
result of a disaster or emergency that was declared by the President or
the Secretary of Agriculture during the period beginning May 1, 1998,
and ending August 1, 1998, regardless of whether the damage resulted in
loss or destruction after August 1, 1998.
(b) Subject to subsection (c), the Secretary shall carry out the
program, to the maximum extent practicable, in accordance with the terms
and conditions of the tree assistance program established under part 783
of title 7, Code of Federal Regulations.
(c) A person shall be presumed eligible for assistance under the
program if the person demonstrates to the Secretary that trees owned by
the person were lost or destroyed by May 31, 1999, as a direct result of
fire blight infestation that was caused by a disaster or emergency
described in subsection (a).
Sec. 758. None of the funds appropriated or otherwise made available
by this Act shall be used to establish an Office of Community Food
Security or any similar office within the United States Department of
Agriculture without the prior approval of the Committee on
Appropriations of both Houses of Congress.
Sec. 759. Notwithstanding any other provision of law, the city of
Vineland, New Jersey, shall be eligible for programs
[[Page 112 STAT. 2681-35]]
administered by the Rural Housing Service and the Rural Business-
Cooperative Service.
Sec. 760. (a)(1) For purposes of this section, the term
``Commission'' means the Commodity Futures Trading Commission.
(2) For purposes of this section, the term ``qualifying hybrid
instrument or swap agreement'' means a hybrid instrument or swap
agreement that--
(A) was entered into before the start of the restraint
period or is entered into during the restraint period; and
(B) is exempt under part 34 or part 35 of title 17, Code of
Federal Regulations (as in effect on January 1, 1998), qualifies
for the safe harbor contained in the Policy Statement of the
Commission regarding swap agreements published in the Federal
Register on July 21, 1989 (54 Fed. Reg. 30694), or qualifies for
the exclusion set forth in the Statutory Interpretation of the
Commission concerning certain hybrid instruments published in
the Federal Register on April 11, 1990 (55 Fed. Reg. 13582).
(3) For purposes of this section, the term ``restraint period''
means the period--
(A) beginning on the date of the enactment of this Act; and
(B) ending on March 30, 1999, or the first date on which
legislation is enacted that authorizes appropriations for the
Commission for a fiscal year after fiscal year 2000, whichever
occurs first.
(b) During the restraint period, the Commission may not propose or
issue any rule or regulation, or issue any interpretation or policy
statement, that restricts or regulates activity in a qualifying hybrid
instrument or swap agreement.
(c) Notwithstanding subsection (b), during the restraint period, the
Commission may--
(1) act on a petition for exemptive relief under section
4(c) of the Commodity Exchange Act (7 U.S.C. 6(c));
(2) enter such cease and desist orders and take such
enforcement action, including the imposition of sanctions, as
the Commission considers necessary to enforce any provision of
the Commodity Exchange Act (7 U.S.C. 1 et seq.) or title 17,
Code of Federal Regulations, in connection with a qualifying
hybrid instrument or swap agreement, to the extent such
provision is otherwise applicable to that qualifying hybrid
instrument or swap agreement or a transaction involving that
qualifying hybrid instrument or swap agreement;
(3) take such action as the Commission considers appropriate
with regard to agricultural trade options; and
(4) take such action as the Commission considers appropriate
to respond to a market emergency.
(d)(1) The legal status of contracts involving a qualifying hybrid
instrument or swap agreement shall not differ from the legal status
afforded such contracts during the period--
(A) beginning on--
(i) in the case of swap agreements, July 21, 1989,
which was the date on which the Commission adopted a
Policy Statement regarding swap agreements (54 Fed. Reg.
30694); and
(ii) in the case of hybrid instruments, April 11,
1990, which was the date that the Statutory
Interpretation of
[[Page 112 STAT. 2681-36]]
the Commission concerning hybrid instruments was
published in the Federal Register; and
(B) ending on January 1, 1998.
(2) Neither the comment letter of the Commission submitted on
February 26, 1998, to the Securities and Exchange Commission regarding
the proposal known as ``Broker-Dealer Lite'', nor the Concept Release of
the Commission regarding over-the-counter derivatives published in the
Federal Register on May 12, 1998 (63 Fed. Reg. 26114), shall alter or
affect the legal status of a qualifying hybrid instrument or swap
agreement under the Commodity Exchange Act (7 U.S.C. 1 et seq.).
(e) Nothing in this section shall be construed as reflecting or
implying a determination that a qualifying hybrid instrument or swap
agreement, or a transaction involving a qualifying hybrid instrument or
swap agreement, is subject to the Commodity Exchange Act (7 U.S.C. 1 et
seq.).
Sec. 761. None of the funds appropriated or otherwise made available
by this or any other Act may be used to carry out provision of section
612 of Public Law 105-185.
Sec. 762. Section 136 of the Agricultural Market Transition Act (7
U.S.C. 7236) is amended by striking ``1.25 cents'' each place it appears
in subsections (a) and (b) and inserting ``3 cents''.
Sec. 763. In implementing section 1124 of subtitle C of title XI of
this Act, the Secretary of Agriculture shall:
(a) provide $18,000,000 to the states for distribution of emergency
aid to individuals with family incomes below the federal poverty level
who have been adversely affected utilizing Federal Emergency Management
Agency guidelines;
(b) transfer to the Secretary of Commerce for obligation and
expenditure (1) $15,000,000 for programs pursuant to title IX of Public
Law 91-304, as amended, of which six percent may be available for
administrative costs; (2) $5,000,000 for the Trade Adjustment Assistance
program as provided by the Trade Act of 1974, as amended; and (3)
$7,000,000 for disaster research and prevention pursuant to section
402(d) of Public Law 94-265; and
(c) transfer to the Administrator of the Small Business
Administration for obligation and expenditure, $5,000,000 for the cost
of direct loans authorized by section 7(b) of the Small Business Act, as
amended, for eligible small businesses.
<> Sec. 764. (a) Section 604 of the Clean Air
Act is amended by inserting at the end the following:
``(h) Methyl Bromide.--Notwithstanding subsection (d) and section
604(b), the Administrator shall not terminate production of methyl
bromide prior to January 1, 2005. The Administrator shall promulgate
rules for reductions in, and terminate the production, importation, and
consumption of, methyl bromide under a schedule that is in accordance
with, but not more stringent than, the phaseout schedule of the Montreal
Protocol Treaty as in effect on the date of the enactment of this
subsection.''.
(b) Section 604(d) of the Clean Air Act is amended by inserting at
the end the following:
``(5) Sanitation and food protection.--To the extent
consistent with the Montreal Protocol's quarantine and
preshipment provisions, the Administrator shall exempt the
production, importation, and consumption of methyl bromide to
fumigate commodities entering or leaving the United States or
any State (or political subdivision thereof) for purposes of
[[Page 112 STAT. 2681-37]]
compliance with Animal and Plant Health Inspection Service
requirements or with any international, Federal, State, or local
sanitation or food protection standard.
``(6) Critical uses.--To the extent consistent with the
Montreal Protocol, the Administrator, after notice and the
opportunity for public comment, and after consultation with
other departments or instrumentalities of the Federal Government
having regulatory authority related to methyl bromide, including
the Secretary of Agriculture, may exempt the production,
importation, and consumption of methyl bromide for critical
uses.''.
<> (c) Section 604(e) of the Clean Air Act is
amended by inserting at the end the following:
``(3) Methyl bromide.--Notwithstanding the phaseout and
termination of production of methyl bromide pursuant to section
604(h), the Administrator may, consistent with the Montreal
Protocol, authorize the production of limited quantities of
methyl bromide, solely for use in developing countries that are
Parties to the Copenhagen Amendments to the Montreal
Protocol.''.
<> Sec. 765. Notwithstanding any other
provision of law, permanent employees of county committees employed on
or after October 1, 1998, pursuant to 8(b) of the Soil Conservation and
Domestic Allotment Act (16 U.S.C. 590h(b)) shall be considered as having
Federal Civil Service status only for the purpose of applying for the
United States Department of Agriculture Civil Service vacancies.
Sec. 766. For grants for the rural empowerment zone and enterprise
communities programs, an additional $15,000,000 is hereby appropriated,
to remain available until expended, of which $10,000,000 is for grants
for entities designated under section 1391(g) of the Internal Revenue
Code of 1986 for the Secretary of Agriculture to carry out a second
round of the empowerment zone program in rural areas; and of which
$5,000,000 is for grants for rural enterprise communities for the
Secretary of Agriculture to designate not more than 20 additional rural
enterprise communities provided that such communities meet the
designation and eligibility requirements of part I of subchapter U of
chapter 1 of the Internal Revenue Code of 1986: Provided, That the
designation of rural enterprise communities pursuant to this section
shall be solely for the purpose of this section and not for tax
treatment under the Internal Revenue Code: Provided further, That these
funds are in addition to any other funds made available for empowerment
zones and enterprise communities.
TITLE VIII--AGRICULTURAL CREDIT
Sec. 801. Section 373 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008h) is amended by striking subsection (b) and inserting
the following:
``(b) Prohibition of Loans for Borrowers That Have Received Debt
Forgiveness.--
``(1) Prohibitions.--Except as provided in paragraph (2)--
``(A) the Secretary may not make a loan under this
title to a borrower that has received debt forgiveness
on a loan made or guaranteed under this title; and
[[Page 112 STAT. 2681-38]]
``(B) the Secretary may not guarantee a loan under
this title to a borrower that has received--
``(i) debt forgiveness after April 4, 1996, on
a loan made or guaranteed under this title; or
``(ii) received debt forgiveness on more than
3 occasions on or before April 4, 1996.
``(2) Exceptions.--
``(A) In general.--The Secretary may make a direct
or guaranteed farm operating loan for paying annual farm
or ranch operating expenses of a borrower who--
``(i) was restructured with a write-down under
section 353; or
``(ii) is current on payments under a
confirmed reorganization plan under chapters 11,
12, or 13 of Title 11 of the United States Code.
``(B) Emergency loans.--The Secretary may make an
emergency loan under section 321 to a borrower that--
``(i) on or before April 4, 1996, received not
more than 1 debt forgiveness on a loan made or
guaranteed under this title; and
``(ii) after April 4, 1996, has not received
debt forgiveness on a loan made or guaranteed
under this title.''.
Sec. 802. Section 324(d) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1964(d)) is amended--
(1) by striking ``(d) All loans'' and inserting the
following:
``(d) Repayment.--
``(1) In general.-- All loans''; and
(2) by adding at the end the following:
``(2) No basis for denial of loan.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall not deny a loan under this subtitle to a
borrower by reason of the fact that the borrower lacks a
particular amount of collateral for the loan if the
Secretary is reasonably certain that the borrower will
be able to repay the loan.
``(B) Refusal to pledge available collateral.--The
Secretary may deny or cancel a loan under this subtitle
if a borrower refuses to pledge available collateral on
request by the Secretary.''.
Sec. 803. (a) Section 508(n) of the Federal Crop Insurance Act (7
U.S.C. 1508(n)) is amended--
(1) by striking ``If'' and inserting the following:
``(1) In general.--Except as provided in paragraph
(2), if''; and
(2) by adding at the end the following:
``(2) Exception.--Paragraph (1) shall not apply to
emergency loans under subtitle C of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961 et
seq.).''.
(b) Section 196(i)(3) of the Agricultural Market Transition Act (7
U.S.C. 7333(i)(3)) is amended--
(1) by striking ``If'' and inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), if''; and
(2) by adding at the end the following:
[[Page 112 STAT. 2681-39]]
``(B) Exception.--Subparagraph (A) shall not apply
to emergency loans under subtitle C of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961 et
seq.).''.
Sec. 804. Section 302 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1922) is amended by adding at the end the following:
``(D) Notice.--Beginning with fiscal year 2000 not later
than 12 months before a borrower will become ineligible for
direct loans under this subtitle by reason of this paragraph,
the Secretary shall notify the borrower of such impending
ineligibility.''.
Sec. 805. The Consolidated Farm and Rural Development Act (7 U.S.C.
1921 et seq.) is amended--
(1) in section 302(a)(2) (7 U.S.C. 1922(a)(2)), by inserting
``for direct loans only,'' before ``have either'';
(2) in section 311(a)(2) (7 U.S.C. 1941(a)(2)), by inserting
``for direct loans only,'' before ``have either''; and
(3) in section 359 (7 U.S.C. 2006a)--
(A) in subsection (a), by striking ``and
guaranteed''; and
(B) in subsection (c), by striking ``or guaranteed''
each place it appears.
Sec. 806. (a) Section 305 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1925) is amended--
(1) by striking ``Sec. 305. The Secretary'' and inserting
the following:
``SEC. 305. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.
``(a) In General.--The Secretary'';
(2) by striking ``$300,000'' and inserting ``$700,000
(increased, beginning with fiscal year 2000, by the inflation
percentage applicable to the fiscal year in which the loan is
guaranteed and reduced by the amount of any unpaid indebtedness
of the borrower on loans under subtitle B that are guaranteed by
the Secretary)'';
(3) by striking ``In determining'' and inserting the
following:
``(b) Determination of Value.--In determining''; and
(4) by adding at the end the following:
``(c) Inflation Percentage.--For purposes of this section, the
inflation percentage applicable to a fiscal year is the percentage (if
any) by which--
``(1) the average of the Prices Paid By Farmers Index (as
compiled by the National Agricultural Statistics Service of the
Department of Agriculture) for the 12-month period ending on
August 31 of the immediately preceding fiscal year; exceeds
``(2) the average of such index (as so defined) for the 12-
month period ending on August 31, 1996.''.
(b) Section 313 of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1943) is amended--
(1) by striking ``Sec. 313. The Secretary'' and inserting
the following:
``SEC. 313. LIMITATIONS ON AMOUNT OF OPERATING LOANS.
``(a) In General.--The Secretary'';
(2) by striking ``this subtitle (1) that would cause'' and
inserting ``this subtitle--
``(1) that would cause'';
[[Page 112 STAT. 2681-40]]
(3) by striking ``$400,000; or (2) for the purchasing'' and
inserting ``$700,000 (increased, beginning with fiscal year
2000, by the inflation percentage applicable to the fiscal year
in which the loan is guaranteed and reduced by the unpaid
indebtedness of the borrower on loans under the sections
specified in section 305 that are guaranteed by the Secretary);
or
``(2) for the purchasing''; and
(4) by adding at the end the following:
``(b) Inflation Percentage.--For purposes of this section, the
inflation percentage applicable to a fiscal year is the percentage (if
any) by which--
``(1) the average of the Prices Paid By Farmers Index (as
compiled by the National Agricultural Statistics Service of the
Department of Agriculture) for the 12-month period ending on
August 31 of the immediately preceding fiscal year; exceeds
``(2) the average of such index (as so defined) for the 12-
month period ending on August 31, 1996.''.
Sec. 807. Section 353(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2001(e)) is amended by adding at the end the
following:
``(6) Notice of recapture.--Beginning with fiscal year 2000
not later than 12 months before the end of the term of a shared
appreciation arrangement, the Secretary shall notify the
borrower involved of the provisions of the arrangement.''.
Sec. 808. Section 353(c)(3)(C) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2001(c)(3)(C)) is amended by striking ``110
percent'' and inserting ``100 percent''.
<> TITLE
IX--INDIA-PAKISTAN RELIEF ACT
Sec. 901. Short Title. This title may be cited as the ``India-
Pakistan Relief Act of 1998''.
<> Sec. 902. Waiver Authority. (a)
Authority.--The President may waive for a period not to exceed one year
upon enactment of this Act with respect to India or Pakistan the
application of any sanction or prohibition (or portion thereof)
contained in section 101 or 102 of the Arms Export Control Act, section
620E(e) of the Foreign Assistance Act of 1961, or section 2(b)(4) of the
Export Import Bank Act of 1945.
(b) Exception.--The authority provided in subsection (a) shall not
apply to any restriction in section 102(b)(2) (B), (C), or (G) of the
Arms Export Control Act.
(c) Availability of Amounts.--Amounts made available by this section
are 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, That such amounts 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.
<> Sec. 903. Consultation. Prior to
each exercise of the authority provided in section 902, the President
shall consult with the appropriate congressional committees.
<> Sec. 904. Reporting Requirement.
Not later than 30 days prior to the expiration of a one-year period
described in section
[[Page 112 STAT. 2681-41]]
902, the Secretary of State shall submit a report to the appropriate
congressional committees on economic and national security developments
in India and Pakistan.
<> Sec. 905. Appropriate Congressional
Committees Defined. In this title, 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
and the Committees on Appropriations of the House of Representatives and
the Senate.
TITLE X--UNDER SECRETARY OF AGRICULTURE FOR MARKETING AND REGULATORY
PROGRAMS
SEC. 1001. GENERAL.
Title II of the Federal Crop Insurance Reform and Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6901 et seq.) is
amended--
<> (1) in section 218(a)--
(A) in paragraph (1) by adding ``and'' at the end;
(B) in paragraph (2) by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (3);
(2) by redesignating subtitle I as subtitle J;
(3) by inserting after subtitle H the following:
``Subtitle I--Marketing and Regulatory Programs
<> ``SEC. 285. UNDER SECRETARY OF AGRICULTURE FOR
MARKETING AND REGULATORY PROGRAMS.
``(a) Authorization.--The Secretary is authorized to establish in
the Department the position of Under Secretary of Agriculture for
Marketing and Regulatory Programs.
``(b) Confirmation Required.--If the Secretary establishes the
position of Under Secretary of Agriculture for Marketing and Regulatory
Programs authorized under subsection (a), the Under Secretary shall be
appointed by the President, by and with the advice and consent of the
Senate.
``(c) Functions of Under Secretary.--
``(1) Principal functions.--Upon establishment, the
Secretary shall delegate to the Under Secretary of Agriculture
for Marketing and Regulatory Programs those functions and duties
under the jurisdiction of the Department that are related to
agricultural marketing, animal and plant health inspection,
grain inspection, and packers and stockyards.
``(2) Additional functions.--The Under Secretary of
Agriculture for Marketing and Regulatory Programs shall perform
such other functions and duties as may be required by law or
prescribed by the Secretary.
``(d) Succession.--Any official who is serving as Assistant
Secretary of Agriculture for Marketing and Regulatory Programs on the
date of the enactment of this section and who was appointed by the
President, by and with the advice and consent of the Senate, shall not
be required to be reappointed under subsection (b) to the successor
position authorized under subsection (a) if the Secretary establishes
the position, and the official occupies the new position, within 180
days after the date of enactment of this section
[[Page 112 STAT. 2681-42]]
(or such later date set by the Secretary if litigation delays rapid
succession).
``(e) Executive Schedule.--Section 5314 of title 5, United States
Code, is amended by inserting after the item relating to the Under
Secretary of Agriculture for Food Safety (as added by section 261(c))
the following:
`Under Secretary of Agriculture for Marketing and Regulatory
Programs.'.''; and
<> (4) in section 296(b)--
(A) in paragraph (2), by striking ``or'';
(B) in paragraph (3), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(4) the authority of the Secretary to establish in the
Department the position of Under Secretary of Agriculture for
Marketing and Regulatory Programs under section 285.''.
SEC. 1002. PAY INCREASE PROHIBITED.
The compensation of any officer or employee of the Department of
Agriculture on the date of enactment of this Act shall not be increased
as a result of the enactment of this Act.
SEC. 1003. CONFORMING AMENDMENT.
Section 5315 of title 5, United States Code, is amended by striking
``Assistant Secretaries of Agriculture (3).'' and inserting ``Assistant
Secretaries of Agriculture (2).''.
TITLE XI--EMERGENCY AND MARKET LOSS ASSISTANCE
Subtitle A--Emergency Assistance for Crop and Livestock Feed Losses Due
to Disasters
<> SEC. 1101. GENERAL PROVISIONS.
(a) Fair and Equitable Distribution.--Assistance made available
under this subtitle shall be distributed in a fair and equitable manner
to producers who have incurred crop and livestock feed losses in all
affected geographic regions of the United States.
(b) Program Administration.--In carrying out this subtitle, the
Secretary of Agriculture (referred to in this title as the
``Secretary'') may determine--
(1) 1 or more loss thresholds producers on a farm must incur
with respect to a crop to be eligible for assistance;
(2) the payment rate for crop and livestock feed losses
incurred; and
(3) eligibility and payment limitation criteria (as defined
by the Secretary) for persons to receive assistance under this
subtitle, which, in the case of assistance received under any
section of this subtitle, shall be in addition to--
(A) assistance made available under any other
section of this subtitle and subtitle B;
(B) payments or loans received by a person under the
Agricultural Market Transition Act (7 U.S.C. 7201 et
seq.);
(C) payments received by a person for the 1998 crop
under the noninsured crop assistance program established
under section 196 of that Act (7 U.S.C. 7333);
[[Page 112 STAT. 2681-43]]
(D) crop insurance indemnities provided for the 1998
crop under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.); and
(E) emergency loans made available for the 1998 crop
under subtitle C of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961 et seq.).
<> SEC. 1102. CROP LOSS ASSISTANCE.
(a) In General.--The Secretary shall administer a program under
which emergency financial assistance is made available to producers on a
farm who have incurred losses associated with crops due to disasters (as
determined by the Secretary).
(b) Losses Incurred for 1998 Crop.--Subject to section 1132, the
Secretary shall use not more than $1,500,000,000 to make available
assistance to producers on a farm who have incurred losses in the 1998
crop due to disasters.
(c) Multiyear Losses.--Subject to section 1132, the Secretary shall
use not more than $875,000,000 to make available assistance to producers
on a farm who have incurred multiyear losses (as defined by the
Secretary) in the 1998 and preceding crops of a commodity due to
disasters (including, but not limited to, diseases such as scab).
(d) Relationship Between Assistance.--The Secretary shall make
assistance available to producers on a farm under either subsection (b)
or (c).
(e) Qualifying Losses.--Assistance under this section may be made
for losses associated with crops that are due to, as determined by the
Secretary--
(1) quantity losses;
(2) quality (including, but not limited to, aflatoxin)
losses; or
(3) severe economic losses due to damaging weather or
related condition.
(f) Crops Covered.--Assistance under this section shall be
applicable to losses for all crops (including losses of trees from which
a crop is harvested), as determined by the Secretary, due to disasters.
(g) Crop Insurance.--
(1) Administration.--In carrying out this section, the
Secretary shall not discriminate against or penalize producers
on a farm who have purchased crop insurance under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.).
(2) Encouraging future crop insurance participation.--
Subject to section 1132, the Secretary, acting through the
Federal Crop Insurance Corporation, may use the funds made
available under subsections (b) and (c), and only those funds,
to provide premium refunds or other assistance to purchasers of
crop insurance for their 1998 insured crops, or their preceding
(including 1998) insured crops.
(3) Producers who have not purchased crop insurance for 1998
crop.--As a condition of receiving assistance under this
section, producers on a farm who have not purchased crop
insurance for the 1998 crop under that Act shall agree by
contract to purchase crop insurance for the 1999 and 2000 crops
produced by the producers.
(4) Liquidated damages.--
[[Page 112 STAT. 2681-44]]
(A) In general.--The contract under paragraph (3)
shall provide for liquidated damages to be paid by the
producers due to the failure of the producers to
purchase crop insurance as provided in paragraph (3).
(B) Notice of damages.--The amount of the liquidated
damages shall be established by the Secretary and
specified in the contract agreed to by the producers.
(5) Funding for crop insurance purchase requirement.--
Subject to section 1132, such sums as may be necessary, to
remain available until expended, shall be available to the
Federal Crop Insurance Corporation to cover costs incurred by
the Corporation as a result of the crop insurance purchase
requirement of paragraph (3). Funds made available under
subsections (b) and (c) may not be used to cover such costs.
<> SEC. 1103. EMERGENCY LIVESTOCK FEED
ASSISTANCE.
Subject to section 1132, the Secretary shall use not more than
$200,000,000 to make available livestock feed assistance to livestock
producers affected by disasters during calendar year 1998.
Subtitle B--Market Loss Assistance
<> SEC. 1111. MARKET LOSS ASSISTANCE.
(a) In General.--Subject to section 1132 and except as provided in
subsection (d), the Secretary shall use not more than $3,057,000,000 for
assistance to owners and producers on a farm who are eligible for final
payments for fiscal year 1998 under a production flexibility contract
for the farm under the Agricultural Market Transition Act (7 U.S.C. 7201
et seq.) to partially compensate the owners and producers for the loss
of markets for the 1998 crop of a commodity.
(b) Amount.--Except as provided in subsection (d), the amount of
assistance made available to owners and producers on a farm under this
section shall be proportional to the amount of the contract payment
received by the owners and producers for fiscal year 1998 under a
production flexibility contract for the farm under the Agricultural
Market Transition Act.
(c) Time for Payment.--The assistance made available under this
section for an eligible owner or producer shall be made as soon as
practicable after the date of enactment of this Act.
(d) Of the total amount provided under subsection (a), $200,000,000
shall be available to provide assistance to dairy producers in a manner
determined by the Secretary: Provided, That no payments made under this
section shall affect any decision with respect to rulemaking activities
described under section 143 of Public Law 104-127.
Subtitle C--Other Assistance
<> SEC. 1121. INDEMNITY PAYMENTS FOR COTTON
PRODUCERS.
(a) Federal Contribution.--Subject to subsection (b), the Secretary
of Agriculture shall pay $5,000,000 to the State of Georgia to help fund
an indemnity fund, to be established and managed by that State, to
compensate cotton producers in that State for losses incurred in 1998 or
1999 from the loss of properly stored, harvested cotton as the result of
the bankruptcy of a warehouseman or other party in possession of
warehouse receipts evidencing title
[[Page 112 STAT. 2681-45]]
to the commodity, an improper conversion or transfer of the cotton, or
such other potential hazards as determined appropriate by the State.
(b) Conditions on Payment to State.--The Secretary of Agriculture
shall make the payment to the State of Georgia under subsection (a) only
if the State also contributes $5,000,000 to the indemnity fund and
agrees to expend all amounts in the indemnity fund by not later than
January 1, 2000, to provide compensation to cotton producers as provided
in such subsection. If the State of Georgia fails to make its
contribution of $5,000,000 to the indemnity fund by July 1, 1999, the
funds that would otherwise be paid to the State shall be available to
the Secretary for the purpose of providing partial compensation to
cotton producers as provided in such subsection.
(c) Reporting Requirements.--Upon the establishment of the indemnity
fund, and not later than October 1, 1999, the State of Georgia shall
submit a report to the Secretary of Agriculture and the Congress
describing the State's efforts to use the indemnity fund to provide
compensation to injured cotton producers.
<> SEC. 1122. HONEY RECOURSE LOANS.
(a) In General.--Notwithstanding any other provision of law, in
order to assist producers of honey to market their honey in an orderly
manner during a period of disastrously low prices, the Secretary shall
make available recourse loans to producers of the 1998 crop of honey on
fair and reasonable terms and conditions, as determined by the
Secretary.
(b) Loan Rate.--The loan rate of the loans shall be 85 percent of
the average price of honey during the 5-crop year period preceding the
1998 crop year, excluding the crop year in which the average price of
honey was the highest and the crop year in which the average price of
honey was the lowest in the period.
(c) No Net Cost Basis.--Repayment of a loan under this section shall
include repayment for interest and administrative costs as necessary to
operate the program established under this section on a no net cost
basis.
<> SEC. 1123. NONINSURED CROP ASSISTANCE TO
RAISIN PRODUCERS.
Notwithstanding any of the provisions of section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) that
would exclude the following producers from benefits thereunder, the
Secretary shall make Noninsured Crop Assistance Program payments in
fiscal year 1999 to raisin producers who obtained catastrophic risk
protection but because of adverse weather conditions were not able to
comply with the policy deadlines for laying the raisins in trays.
SEC. 1124. EMERGENCY <> ASSISTANCE.
In addition to amounts appropriated or otherwise made available by
this Act, $50,000,000 is appropriated to the Department of Agriculture,
to remain available until expended, to provide emergency disaster
assistance to persons or entities who have incurred losses from a
failure under section 312(a) of Public Law 94-265.
SEC. 1125. FOOD FOR PROGRESS.
The Food for Progress Act of 1985 (7 U.S.C. 1736o) is
amended--
[[Page 112 STAT. 2681-46]]
(1) in subsection (f)(3), by inserting after ``$30,000,000''
the following: ``(or, in the case of fiscal year 1999,
$35,000,000)'';
(2) in subsection (l)(1), by inserting after ``$10,000,000''
the following: ``(or, in the case of fiscal year 1999,
$12,000,000)'';
(3) by redesignating subsection (n) as subsection (o); and
(4) by inserting after subsection (m) the following:
``(n) During fiscal year 1999, to the maximum extent practicable,
the Secretary shall utilize Private Voluntary Organizations to carry out
this section.''.
<> SEC. 1126. TEMPORARY EXPANSION OF RECOURSE
LOAN AUTHORITY.
Section 137 of the Agricultural Market Transition Act (7 U.S.C.
7237) is amended--
(1) in the section heading, by inserting ``AND OTHER
FIBERS'' before the period at the end;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following:
``(c) Recourse Loans Available for Mohair.--
``(1) Recourse loans available.--Notwithstanding any other
provision of law, during fiscal year 1999, the Secretary shall
make available recourse loans, as determined by the Secretary,
to producers of mohair produced during or before that fiscal
year.
``(2) Loan rate.--The loan rate for a loan under paragraph
(1) shall be equal to $2.00 per pound.
``(3) Term of loan.--A loan under paragraph (1) shall have a
term of 1 year beginning on the first day of the first month
after the month in which the loan is made.
``(4) Waiver of interest.--Notwithstanding subsection (d),
the Secretary shall not charge interest on a loan made under
paragraph (1).''.
<> SEC. 1127. PILOT PROGRAMS.
(a) Domestic Market Reporting Pilot Program.--Title IV of the
Packers and Stockyards Act is amended to include the following new
section:
<> ``SEC. 416. MANDATORY DOMESTIC REPORTING PILOT
INVESTIGATION.
``(1) In General.--The Secretary of Agriculture shall conduct a
twelve month pilot investigation, beginning upon the date of
implementation of such pilot, under which the Secretary shall require
any person or class of persons engaged in the business of buying,
selling, or marketing domestic or imported cattle for immediate
slaughter and fresh muscle cuts of beef, or domestic or imported sheep
and fresh or frozen muscle cuts of lamb, to report to the Secretary, in
the least intrusive manner possible, information relating to prices for
the procurement of these items.
``(2) Application.--This section shall only apply to a person that
is engaged in the business of buying, selling, or marketing a
significant share of the national market, as determined by the
Secretary, of the total volume of domestic or imported cattle for
immediate slaughter and fresh muscle cuts of beef, or domestic or
imported sheep and fresh or frozen muscle cuts of lamb, bought, sold, or
marketed in the United States.
``(3) Report.--Not later than six months after the conclusion of the
mandatory domestic reporting pilot investigation, the Secretary of
Agriculture shall submit a report to the Committee on Agriculture of the
House of Representatives and the Committee
[[Page 112 STAT. 2681-47]]
on Agriculture, Nutrition, and Forestry of the Senate on the
effectiveness of the pilot investigation. No information collected under
the pilot investigation may be disclosed until the report is
submitted.''.
(b) Export Market Reporting Pilot Investigation.--
(1) In general.--The Secretary shall implement a twelve
month pilot investigation, beginning on the date of
implementation, of a streamlined electronic system for
collecting export data, in the least intrusive manner possible,
for fresh or frozen muscle cuts of meat food products, and
develop a data-reporting program to disseminate summary
information in a timely manner, not to exceed two weeks after
issuance.
(2) Report.--Not later than six months after the conclusion
of the mandatory export reporting pilot investigation, the
Secretary of Agriculture shall submit a report to the Committee
on Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate on the
effectiveness of the pilot investigation.
(c) Funding.--An amount of $250,000 is hereby appropriated to carry
out this section of the Act.
Subtitle D--Administration
<> SEC. 1131. COMMODITY CREDIT CORPORATION.
Subject to section 1132, the Secretary shall use the funds,
facilities, and authorities of the Commodity Credit Corporation to carry
out subtitles A, B, and C of this title.
<> SEC. 1132. EMERGENCY REQUIREMENT.
Notwithstanding the last sentence of section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
amounts made available by subtitles A, B, and C of this title are
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, That such amounts 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
Congress.
<> SEC. 1133. REGULATIONS.
(a) Issuance of Regulations.--As soon as practicable after the date
of enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall issue such regulations as are
necessary to implement subtitles A, B, and C of this title. The issuance
of the regulations shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) 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; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(b) Congressional Review of Agency Rulemaking.--In carrying out this
section, the Secretary shall use the authority provided under section
808 of title 5, United States Code.
[[Page 112 STAT. 2681-48]]
TITLE XII--BIODIESEL
SEC. 1201. BIODIESEL FUEL USE CREDITS.
(a) Amendment.--Title III of the Energy Policy Act of 1992 (42
U.S.C. 13211-13219) is amended by adding at the end the following new
section:
<> ``SEC. 312. BIODIESEL FUEL USE CREDITS.
``(a) Allocation of Credits.--
``(1) In general.--The Secretary shall allocate one credit
under this section to a fleet or covered person for each
qualifying volume of the biodiesel component of fuel containing
at least 20 percent biodiesel by volume purchased after the date
of the enactment of this section for use by the fleet or covered
person in vehicles owned or operated by the fleet or covered
person that weigh more than 8,500 pounds gross vehicle weight
rating.
``(2) Exceptions.--No credits shall be allocated under
paragraph (1) for a purchase of biodiesel--
``(A) for use in alternative fueled vehicles; or
``(B) that is required by Federal or State law.
``(3) Authority to modify percentage.--The Secretary may, by
rule, lower the 20 percent biodiesel volume requirement in
paragraph (1) for reasons related to cold start, safety, or
vehicle function considerations.
``(4) Documentation.--A fleet or covered person seeking a
credit under this section shall provide written documentation to
the Secretary supporting the allocation of a credit to such
fleet or covered person under paragraph (1).
``(b) Use of Credits.--
``(1) In general.--At the request of a fleet or covered
person allocated a credit under subsection (a), the Secretary
shall, for the year in which the purchase of a qualifying volume
is made, treat that purchase as the acquisition of one
alternative fueled vehicle the fleet or covered person is
required to acquire under this title, title IV, or title V.
``(2) Limitation.--Credits allocated under subsection (a)
may not be used to satisfy more than 50 percent of the
alternative fueled vehicle requirements of a fleet or covered
person under this title, title IV, and title V. This paragraph
shall not apply to a fleet or covered person that is a biodiesel
alternative fuel provider described in section 501(a)(2)(A).
``(c) Credit Not a Section 508 Credit.--A credit under this section
shall not be considered a credit under section 508.
``(d) Issuance of Rule.--The Secretary shall, before January 1,
1999, issue a rule establishing procedures for the implementation of
this section.
``(e) Collection of Data.--The Secretary shall collect such data as
are required to make a determination described in subsection (f)(2)(B).
``(f) Definitions.--For purposes of this section--
``(1) the term `biodiesel' means a diesel fuel substitute
produced from nonpetroleum renewable resources that meets the
registration requirements for fuels and fuel additives
established by the Environmental Protection Agency under section
211 of the Clean Air Act; and
``(2) the term `qualifying volume' means--
[[Page 112 STAT. 2681-49]]
``(A) 450 gallons; or
``(B) if the Secretary determines by rule that the
average annual alternative fuel use in light duty
vehicles by fleets and covered persons exceeds 450
gallons or gallon equivalents, the amount of such
average annual alternative fuel use.''.
(b) Table of Contents Amendment.--The table of contents of the
Energy Policy Act of 1992 is amended by adding at the end of the items
relating to title III the following new item:
``Sec. 312. Biodiesel fuel use credits.''.
TITLE XIII--EMERGENCY APPROPRIATIONS
DEPARTMENT OF AGRICULTURE
Farm Service Agency
For an additional amount for ``Salaries and Expenses'', $40,000,000,
to remain available until expended: Provided, That the entire amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
For an additional gross obligation for the principal amount of
direct and guaranteed farm operating loans as authorized by 7 U.S.C.
1928-1929, to be available from funds in the Agricultural Credit
Insurance Fund, $540,510,000, of which $150,000,000 shall be for
unsubsidized guaranteed loans and $156,704,000 shall be for subsidized
guaranteed loans.
For the additional cost of direct and guaranteed farm operating
loans, including the cost of modifying such loans as defined in section
502 of the Congressional Budget Act of 1974, farm operating loans,
$31,405,000, of which $15,969,000 shall be for direct loans, $13,696,000
for guaranteed subsidized loans, and $1,740,000 for unsubsidized
guaranteed loans: Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Commodity Credit Corporation Fund
An additional $3,000,000 is provided for the dairy production
indemnity program as established by Public Law 105-174: Provided, That
the entire amount shall be available only to the extent that an official
budget request for $3,000,000, that includes designation of the entire
amount of the request as an emergency requirement as defined in the
Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided further, That
the entire amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
[[Page 112 STAT. 2681-50]]
Natural Resources Conservation Service
For an additional amount to carry out the program of forestry
incentives, as authorized by the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2101), including technical assistance and related
expenses, $10,000,000, to remain available until expended, as authorized
by that Act: Provided, That the entire amount shall be available only to
the extent that an official budget request for $10,000,000, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress: Provided further, That the entire amount is designated by the
Congress as an emergency requirement pursuant to section 251(b)(2)(A) of
such Act.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
1999''.
(b) For programs, projects or activities in the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999, provided as follows, to be effective as if it
had been enacted into law as the regular appropriations Act:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $79,448,000, of which not to exceed $3,317,000 is for the
Facilities Program 2000, to remain available until expended: Provided,
That not to exceed 43 permanent positions and 44 full-time equivalent
workyears and $8,136,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these offices in
fiscal year 1998: Provided further, That not to exceed 41 permanent
positions and 48 full-time equivalent workyears and $4,811,000 shall be
expended for the Offices of Legislative Affairs and Public Affairs:
Provided further, That the latter two aforementioned offices shall not
be augmented by personnel details, temporary transfers of personnel on
either a reimbursable or non-reimbursable basis or any other type of
formal or informal transfer or reimbursement of personnel or funds on
either a temporary or long-term basis: Provided further, That the
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
[[Page 112 STAT. 2681-51]]
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.
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; (2) the costs of providing support to
counter, investigate or prosecute domestic or international terrorism,
including payment of rewards in connection with these activities; (3)
the costs of conducting a terrorism threat assessment of Federal
agencies and their facilities; (4) the costs associated with ensuring
the continuance of essential Government functions during a time of
emergency; and (5) the costs of activities related to the protection of
the Nation's critical infrastructure: 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.
In addition, for necessary expenses, as determined by the Attorney
General, $135,000,000, to remain available until expended, to reimburse
or transfer to agencies of the Department of Justice for any costs
incurred in connection with: (1) providing bomb training and response
capabilities to State and local law enforcement agencies; (2) providing
training and related equipment for chemical, biological, nuclear, and
cyber attack prevention and response capabilities for States, cities,
territories, and local jurisdictions; and (3) providing grants,
contracts, cooperative agreements, and other assistance authorized by
sections 819, 821, and 822 of the Antiterrorism and Effective Death
Penalty Act of 1996: Provided, That such funds transferred to the Office
of Justice Programs may include amounts for management and
administration, which shall be transferred to and merged with the
``Justice Assistance'' account.
administrative review and appeals
For expenses necessary for the administration of pardon and clemency
petitions and immigration related activities, $75,312,000.
In addition, $59,251,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $35,610,000; 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
[[Page 112 STAT. 2681-52]]
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 up to one-tenth of one percent of the Department of Justice's
allocation from the Violent Crime Reduction Trust Fund grant programs
may be transferred at the discretion of the Attorney General to this
account for the audit or other review of such grant programs, as
authorized by section 130005 of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322).
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized by law, $7,400,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department of
Justice, not otherwise provided for, including not to exceed $20,000 for
expenses of collecting evidence, to be expended under the direction of,
and to be accounted for solely under the certificate of, the Attorney
General; and rent of private or Government-owned space in the District
of Columbia, $466,840,000; 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 $17,834,000 shall remain available until expended for office
automation systems for the legal divisions covered by this
appropriation, and for the United States Attorneys, the Antitrust
Division, and offices funded through ``Salaries and Expenses'', General
Administration: Provided further, That of the 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: Provided further, That $813,333 of funds made available to the
Department of Justice in this Act shall be transferred by the Attorney
General to the Presidential Advisory Commission on Holocaust Assets in
the United States: 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.
In addition, $8,160,000, to be derived from the Violent Crime
Reduction Trust Fund, to remain available until expended for such
purposes.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, as amended, not to exceed $4,028,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
[[Page 112 STAT. 2681-53]]
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $68,275,000: Provided, That, notwithstanding any other provision
of law, not to exceed $68,275,000 of offsetting collections derived from
fees collected in fiscal year 1999 for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18(a)) shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the General Fund shall be
reduced as such offsetting collections are received during fiscal year
1999, so as to result in a final fiscal year 1999 appropriation from the
General Fund estimated at not more than $0.
For necessary expenses of the Offices of the United States
Attorneys, including intergovernmental and cooperative agreements,
$1,009,680,000; of which not to exceed $2,500,000 shall be available
until September 30, 2000, for (1) training personnel in debt collection,
(2) locating debtors and their property, (3) paying the net costs of
selling property, and (4) tracking debts owed to the United States
Government: Provided, That of the total amount appropriated, not to
exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 of those funds available for automated litigation support
contracts shall remain available until expended: Provided further, That
not to exceed $2,500,000 for the operation of the National Advocacy
Center shall remain available until expended: Provided further, That not
to exceed $1,000,000 shall remain available until expended for the
expansion of existing Violent Crime Task Forces in United States
Attorneys Offices into demonstration projects, including inter-
governmental, inter-local, cooperative, and task-force agreements,
however denominated, and contracts with State and local prosecutorial
and law enforcement agencies engaged in the investigation and
prosecution of violent crimes: Provided further, That, in addition to
reimbursable full-time equivalent workyears available to the Offices of
the United States Attorneys, not to exceed 9,044 positions and 9,312
full-time equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Attorneys: Provided
further, That $2,300,000 shall be used to provide for additional
assistant United States attorneys and investigators to serve in
Philadelphia, Pennsylvania, and Camden County, New Jersey, to enforce
Federal laws designed to prevent the possession by criminals of firearms
(as that term is defined in section 921(a) of title 18, United States
Code), of which $1,500,000 shall be used to provide for those attorneys
and investigators in Philadelphia, Pennsylvania, and $800,000 shall be
used to provide for those attorneys and investigators in Camden County,
New Jersey.
In addition, $80,698,000, to be derived from the Violent Crime
Reduction Trust Fund, to remain available until expended for such
purposes.
[[Page 112 STAT. 2681-54]]
united states trustee system fund
For necessary expenses of the United States Trustee Program, as
authorized by 28 U.S.C. 589a(a), $114,248,000, to remain available until
expended and to be derived from the United States Trustee System Fund:
Provided, That, notwithstanding any other provision of law, deposits to
the Fund shall be available in such amounts as may be necessary to pay
refunds due depositors: Provided further, That, notwithstanding any
other provision of law, $114,248,000 of offsetting collections derived
from fees collected pursuant to 28 U.S.C. 589a(b) shall be retained and
used for necessary expenses in this appropriation and remain available
until expended: Provided further, That the sum herein appropriated from
the Fund shall be reduced as such offsetting collections are received
during fiscal year 1999, so as to result in a final fiscal year 1999
appropriation from the Fund estimated at $0: Provided further, That any
funds collected in fiscal year 1998 in excess of $114,248,000 are not
available for obligation.
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by 5
U.S.C. 3109, $1,227,000.
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, $477,056,000, 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; and of which not to exceed $4,000,000 for
development, implementation, maintenance and support, and training for
an automated prisoner information system shall remain available until
expended.
In addition, $25,553,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
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,
$4,600,000, to remain available until expended.
There is hereby established <> a Justice
Prisoner and Alien Transportation System Fund for the payment of
necessary expenses related to the scheduling and transportation of
United States prisoners and illegal and criminal aliens in the custody
of the United States Marshals Service, as authorized in 18 U.S.C. 4013,
including, without limitation, salaries and expenses, operations, and
the acquisition, lease, and maintenance of aircraft and support
facilities:
[[Page 112 STAT. 2681-55]]
Provided, That the Fund shall be reimbursed or credited with advance
payments from amounts available to the Department of Justice, other
Federal agencies, and other sources at rates that will recover the
expenses of Fund operations, including, without limitation, accrual of
annual leave and depreciation of plant and equipment of the Fund:
Provided further, That proceeds from the disposal of Fund aircraft shall
be credited to the Fund: Provided further, That amounts in the Fund
shall be available without fiscal year limitation, and may be used for
operating equipment lease agreements that do not exceed 5 years.
federal prisoner detention
For expenses, related to United States prisoners in the custody of
the United States Marshals Service as authorized in 18 U.S.C. 4013, but
not including expenses otherwise provided for in appropriations
available to the Attorney General, $425,000,000, as authorized by 28
U.S.C. 561(i), to remain available until expended.
fees and expenses of witnesses
For expenses, mileage, compensation, and per diems of witnesses, for
expenses of contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, and for per diems in lieu of
subsistence, as authorized by law, including advances, $95,000,000, to
remain available until expended; of which not to exceed $6,000,000 may
be made available for planning, construction, renovations, maintenance,
remodeling, and repair of buildings, and the purchase of equipment
incident thereto, for protected witness safesites; and of which not to
exceed $1,000,000 may be made available for the purchase and maintenance
of armored vehicles for transportation of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
established by title X of the Civil Rights Act of 1964, $7,199,000 and,
in addition, up to $500,000 of funds made available to the Department of
Justice in this Act may be transferred by the Attorney General to this
account: Provided, That notwithstanding any other provision of law, upon
a determination by the Attorney General that emergent circumstances
require additional funding for conflict prevention and resolution
activities of the Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department of
Justice, as may be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the previous proviso shall be
treated as a reprogramming under section 605 of this Act and shall not
be available for obligation or expenditure except in compliance with the
procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (F), and
(G), as amended, $23,000,000, to be derived from the Department of
Justice Assets Forfeiture Fund.
[[Page 112 STAT. 2681-56]]
Radiation Exposure Compensation
administrative expenses
For necessary administrative expenses in accordance with the
Radiation Exposure Compensation Act, $2,000,000.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the detection, investigation, and
prosecution of individuals involved in organized crime drug trafficking
not otherwise provided for, to include intergovernmental agreements with
State and local law enforcement agencies engaged in the investigation
and prosecution of individuals involved in organized crime drug
trafficking, $304,014,000, of which $50,000,000 shall remain available
until expended: Provided, That any amounts obligated from appropriations
under this heading may be used under authorities available to the
organizations reimbursed from this appropriation: Provided further, That
any unobligated balances remaining available at the end of the fiscal
year shall revert to the Attorney General for reallocation among
participating organizations in succeeding fiscal years, subject to the
reprogramming procedures described in section 605 of this Act.
Federal Bureau of Investigation
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 2,668
passenger motor vehicles, of which 2,000 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, $2,746,805,000; 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, 2000;
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 $61,800,000
shall remain available until expended; 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 $1,500,000 shall be available to
maintain an independent program office dedicated solely to the
automation of fingerprint identification services: Provided, That not to
exceed $45,000 shall be available for official reception and
representation expenses: Provided further, That no funds in this Act may
be used to provide ballistics imaging
[[Page 112 STAT. 2681-57]]
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, $223,356,000 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.
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.
Drug Enforcement Administration
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney General;
expenses for conducting drug education and training programs, including
travel and related expenses for participants in such programs and the
distribution of items of token value that promote the goals of such
programs; purchase of not to exceed 1,428 passenger motor vehicles, of
which 1,080 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;
$800,780,000, of which not to exceed $1,800,000 for research and
$15,000,000 for transfer to the Drug Diversion Control Fee Account for
operating expenses shall remain available until expended, and of which
not to exceed $4,000,000 for purchase of evidence and payments for
information, not to exceed $10,000,000 for contracting for automated
data processing and telecommunications equipment, and not to exceed
$2,000,000 for laboratory equipment, $4,000,000 for technical equipment,
and $2,000,000 for aircraft replacement retrofit and parts, shall remain
available until September 30, 2000; and of which not to exceed $50,000
shall be available for official reception and representation expenses.
In addition, $405,000,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
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; $8,000,000, to remain
available until expended.
[[Page 112 STAT. 2681-58]]
Immigration and Naturalization Service
salaries and expenses
For expenses necessary for the administration and enforcement of the
laws relating to immigration, naturalization, and alien registration, as
follows:
enforcement and border affairs
For salaries and expenses for the Border Patrol program, the
detention and deportation program, the intelligence program, the
investigations program, and the inspections program, including not to
exceed $50,000 to meet unforeseen emergencies of a confidential
character, to be expended under the direction of, and to be accounted
for solely under the certificate of, the Attorney General; purchase for
police-type use (not to exceed 3,855 passenger motor vehicles, of which
2,535 are for replacement only), without regard to the general purchase
price limitation for the current fiscal year, and hire of passenger
motor vehicles; acquisition, lease, maintenance and operation of
aircraft; research related to immigration enforcement; for protecting
and maintaining the integrity of the borders of the United States
including, without limitation, equipping, maintaining, and making
improvements to the infrastructure; and for the care and housing of
Federal detainees held in the joint Immigration and Naturalization
Service and United States Marshals Service's Buffalo Detention Facility,
$1,069,754,000, of which not to exceed $400,000 for research shall
remain available until expended; of which not to exceed $10,000,000
shall be available for costs associated with the training program for
basic officer training, and $5,000,000 is for payments or advances
arising out of contractual or reimbursable agreements with State and
local law enforcement agencies while engaged in cooperative activities
related to immigration; and 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:
Provided, 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, 1999: Provided further, That uniforms may be purchased
without regard to the general purchase price limitation for the current
fiscal year: Provided further, That none of the funds provided in this
or any other Act shall be used for the continued operation of the San
Clemente and Temecula checkpoints unless the checkpoints are open and
traffic is being checked on a continuous 24-hour basis.
citizenship and benefits, immigration support and program direction
For all programs of the Immigration and Naturalization Service not
included under the heading ``Enforcement and Border Affairs'',
$552,083,000: Provided, That not to exceed $5,000 shall be available for
official reception and representation expenses: Provided further, That
the Attorney General may transfer any funds appropriated under this
heading and the heading ``Enforcement and Border Affairs'' between said
appropriations notwithstanding any percentage transfer limitations
imposed under this appropriation Act and
[[Page 112 STAT. 2681-59]]
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 43 permanent positions and 43 full-time equivalent
workyears and $4,284,000 shall be expended for the Offices of
Legislative Affairs and Public Affairs: Provided further, That the
latter two aforementioned offices shall not be augmented by personnel
details, temporary transfers of personnel on either a reimbursable or
non-reimbursable basis, or any other type of formal or informal transfer
or reimbursement of personnel or funds on either a temporary or long-
term basis: Provided further, That the number of positions filled
through non-career appointment at the Immigration and Naturalization
Service, for which funding is provided in this Act or is otherwise made
available to the Immigration and Naturalization Service, shall not
exceed 4 permanent positions and 4 full-time equivalent workyears:
Provided further, That funds may be used, without limitation, for
equipping, maintaining, and making improvements to the infrastructure
and the purchase of vehicles for police type use within the limits of
the Enforcement and Border Affairs appropriation: Provided further,
That, notwithstanding any other provision of law, during fiscal year
1999, 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, $842,490,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund: Provided, That the Attorney General may use the transfer authority
provided under the heading ``Citizenship and Benefits, Immigration
Support and Program Direction'' to provide funds to any program of the
Immigration and Naturalization Service that heretofore has been funded
by the Violent Crime Reduction Trust Fund.
construction
For planning, construction, renovation, equipping, and maintenance
of buildings and facilities necessary for the administration and
enforcement of the laws relating to immigration, naturalization, and
alien registration, not otherwise provided for, $90,000,000, 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
For expenses necessary for the administration, operation, and
maintenance of Federal penal and correctional institutions,
[[Page 112 STAT. 2681-60]]
including purchase (not to exceed 763, of which 599 are for replacement
only) and hire of law enforcement and passenger motor vehicles, and for
the provision of technical assistance and advice on corrections related
issues to foreign governments, $2,862,354,000: 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 the FPS,
furnish health services to individuals committed to the custody of the
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 for the activation of new facilities shall
remain available until September 30, 2000: Provided further, That, of
the amounts provided for Contract Confinement, not to exceed $20,000,000
shall remain available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education Assistance Act of
1980, as amended, for the care and security in the United States of
Cuban and Haitian entrants: Provided further, That, notwithstanding
section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 353(d)), FPS
may enter into contracts and other agreements with private entities for
periods of not to exceed 3 years and 7 additional option years for the
confinement of Federal prisoners.
In addition, $26,499,000, for such purposes, to remain available
until expended, to be derived from the Violent Crime Reduction Trust
Fund.
For planning, acquisition of sites and construction of new
facilities; leasing the Oklahoma City Airport Trust Facility; purchase
and acquisition of facilities and remodeling, and equipping of such
facilities for penal and correctional use, including all necessary
expenses incident thereto, by contract or force account; and
constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$410,997,000, to remain available until expended, of which not to exceed
$14,074,000 shall be available to construct areas for inmate work
programs: Provided, That labor of United States prisoners may be used
for work performed under this appropriation: Provided further, That not
to exceed 10 percent of the funds appropriated to ``Buildings and
Facilities'' in this Act 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.
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures, within the limits of funds and
[[Page 112 STAT. 2681-61]]
borrowing authority available, and in accord with the law, and to make
such contracts and commitments, without regard to fiscal year
limitations as provided by section 9104 of title 31, United States Code,
as may be necessary in carrying out the program set forth in the budget
for the current fiscal year for such corporation, including purchase of
(not to exceed five for replacement only) and hire of passenger motor
vehicles.
Not to exceed $3,266,000 of the funds of the corporation shall be
available for its administrative expenses, and for services as
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be
determined in accordance with the corporation's current prescribed
accounting system, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which the said accounting system
requires to be capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses in
connection with acquisition, construction, operation, maintenance,
improvement, protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968, as amended, 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, $147,151,000, 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).
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended, for State and Local Narcotics Control
and Justice Assistance Improvements, notwithstanding the provisions of
section 511 of said Act, $552,000,000, to remain available until
expended, as authorized by section 1001 of title I of said Act, as
amended by Public Law 102-534 (106 Stat. 3524), of which $47,000,000
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.
violent crime reduction programs, state and local law enforcement
assistance
For assistance (including amounts for administrative costs for
management and administration, which amounts shall be transferred to and
merged with the ``Justice Assistance'' account)
[[Page 112 STAT. 2681-62]]
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), as amended (``the 1994 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968, as amended (``the 1968 Act''); and
the Victims of Child Abuse Act of 1990, as amended (``the 1990 Act''),
$2,369,950,000, to remain available until expended, which shall be
derived from the Violent Crime Reduction Trust Fund; of which
$523,000,000 shall be for Local Law Enforcement Block Grants, pursuant
to H.R. 728 as passed by the House of Representatives on February 14,
1995, except that for purposes of this Act, the Commonwealth of Puerto
Rico shall be considered a ``unit of local government'' as well as a
``State'', for the purposes set forth in paragraphs (A), (B), (D), (F),
and (I) of section 101(a)(2) of H.R. 728 and for establishing crime
prevention programs involving cooperation between community residents
and law enforcement personnel in order to control, detect, or
investigate crime or the prosecution of criminals: Provided, That no
funds provided under this heading may be used as matching funds for any
other Federal grant program: Provided further, That $40,000,000 of this
amount shall be for Boys and Girls Clubs in public housing facilities
and other areas in cooperation with State and local law enforcement:
Provided further, That funds may also be used to defray the costs of
indemnification insurance for law enforcement officers: Provided
further, That, hereafter, for the purpose of eligibility for the Local
Law Enforcement Block Grant Program in the State of Louisiana, parish
sheriffs are to be considered the unit of local government at the parish
level under section 108 of H.R. 728: Provided further, That $20,000,000
shall be available to carry out section 102(2) of H.R. 728; of which
$45,000,000 shall be 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 $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 $720,500,000
shall be for Violent Offender Incarceration and Truth in Sentencing
Incentive Grants pursuant to subtitle A of title II of the 1994 Act, of
which $165,000,000 shall be available for payments to States for
incarceration of criminal aliens, of which $25,000,000 shall be
available for the Cooperative Agreement Program, and of which
$34,000,000 shall be reserved by the Attorney General for fiscal year
1999 under section 20109(a) of subtitle A of title II of the 1994 Act;
of which $9,000,000 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 $23,000,000 which shall be used exclusively for the purpose of
strengthening civil legal assistance programs for victims of domestic
violence, and $10,000,000 which shall be used exclusively for violence
on college campuses: Provided further, 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,
[[Page 112 STAT. 2681-63]]
and $10,000,000 shall be available to the Office of Juvenile Justice and
Delinquency Prevention for the Safe Start Program, to be administered as
authorized by part C of the Juvenile Justice and Delinquency Act of
1974, as amended; of which $34,000,000 shall be for Grants to Encourage
Arrest Policies to States, units of local government, and Indian tribal
governments, as authorized by section 1001(a)(19) of the 1968 Act; of
which $25,000,000 shall be for Rural Domestic Violence and Child Abuse
Enforcement Assistance Grants, as authorized by section 40295 of the
1994 Act; of which $5,000,000 shall be for training programs to assist
probation and parole officers who work with released sex offenders, as
authorized by section 40152(c) of the 1994 Act, and for local
demonstration projects; of which $1,000,000 shall be for grants for
televised testimony, as authorized by section 1001(a)(7) of the 1968
Act; of which $5,000,000 shall be for the Tribal Courts Initiative; 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 $15,000,000 shall be for grants to States and
units of local government for projects to improve DNA analysis, as
authorized by section 1001(a)(22) 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 1999: Provided
further, That funds made available in fiscal year 1999 under subpart 1
of part E of title I of the 1968 Act may be obligated for programs to
assist States in the litigation processing of death penalty Federal
habeas corpus petitions and for drug testing initiatives: Provided
further, That, if a unit of local government uses any of the funds made
available under this title to increase the number of law enforcement
officers, the unit of local government will achieve a net gain in the
number of law enforcement officers who perform nonadministrative public
safety service.
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
intergovernmental agreements, including grants, cooperative agreements,
and contracts, with State and local law enforcement agencies engaged in
the investigation and prosecution of violent crimes and drug offenses in
``Weed and Seed'' designated communities, and for either reimbursements
or transfers to appropriation accounts of the Department of Justice and
other Federal agencies which shall be specified by the Attorney General
to execute the ``Weed and Seed'' program strategy: Provided, That funds
des-
[[Page 112 STAT. 2681-64]]
ignated by Congress through language for other Department of Justice
appropriation accounts for ``Weed and Seed'' program activities shall be
managed and executed by the Attorney General through the Executive
Office for Weed and Seed: Provided further, That the Attorney General
may direct the use of other Department of Justice funds and personnel in
support of ``Weed and Seed'' program activities only after the Attorney
General notifies the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 605 of this
Act.
Community Oriented Policing Services
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994, Public Law 103-322 (``the 1994 Act'')
(including administrative costs), $1,400,000,000, to remain available
until expended, which shall be derived from the Violent Crime Reduction
Trust Fund, for Public Safety and Community Policing Grants pursuant to
title I of the 1994 Act: Provided, That not to exceed 266 permanent
positions and 266 full-time equivalent workyears and $32,023,000 shall
be expended for program management and administration: Provided further,
That of the funds made available under this heading and the unobligated
balances available in this program, $180,000,000 shall be used for
innovative community policing programs, of which $80,000,000 shall be
used for a law enforcement technology program, $35,000,000 shall be used
for policing initiatives to combat methamphetamine production and
trafficking and to enhance policing initiatives in drug ``hot spots'',
$17,500,000 shall be used for programs to combat violence in schools,
$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, as amended,
$5,000,000 shall be used for additional community law enforcement
officers and related program support for the District of Columbia
Offender Supervision, Defender, and Court Services Agency, $12,500,000
shall be used for the Community Policing to Combat Domestic Violence
Program pursuant to section 1701(d) of part Q of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended, and $5,000,000 shall
be used for Community Prosecutors programs: Provided further, That up to
$35,000,000 shall be available to improve tribal law enforcement
including equipment and training.
In addition, for programs of Police Corps education, training, and
service as set forth in sections 200101-200113 of the 1994 Act,
$30,000,000, to remain available until expended, which shall be derived
from the Violent Crime Reduction Trust Fund.
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974, as amended, (``the Act''), including salaries and expenses in
connection therewith to be transferred to and merged with the
appropriations for Justice Assistance, $267,597,000, to remain available
until expended, as authorized by section 299 of part I of title II and
section 506 of title V of the Act, as amended by Public Law 102-586, of
which (1) notwithstanding any other
[[Page 112 STAT. 2681-65]]
provision of law, $6,847,000 shall be available for expenses authorized
by part A of title II of the Act, $89,000,000 shall be available for
expenses authorized by part B of title II of the Act, and $42,750,000
shall be available for expenses authorized by part C of title II of the
Act: Provided, That $26,500,000 of the amounts provided for part B of
title II of the Act, as amended, is for the purpose of providing
additional formula grants under part B to States that provide assurances
to the Administrator that the State has in effect (or will have in
effect no later than one 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) $12,000,000 shall be available for expenses authorized by part G of
title II of the Act for juvenile mentoring programs; and (5) $95,000,000
shall be available for expenses authorized by title V of the Act for
incentive grants for local delinquency prevention programs; of which
$10,000,000 shall be for delinquency prevention, control, and system
improvement programs for tribal youth; of which $25,000,000 shall be
available for grants of $360,000 to each state and $6,640,000 shall be
available for discretionary grants to states, for programs and
activities to enforce state laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of alcoholic
beverages by minors, prevention and reduction of consumption of
alcoholic beverages by minors, and for technical assistance and
training: Provided further, That upon the enactment of reauthorization
legislation for Juvenile Justice Programs under the Juvenile Justice and
Delinquency Prevention Act of 1974, as amended, funding provisions in
this Act shall from that date be subject to the provisions of that
legislation and any provisions in this Act that are inconsistent with
that legislation shall no longer have effect: Provided further, That of
amounts made available under the Juvenile Justice Programs of the Office
of Justice Programs to carry out part B (relating to Federal Assistance
for State and Local Programs), subpart II of part C (relating to Special
Emphasis Prevention and Treatment Programs), part D (relating to Gang-
Free Schools and Communities and Community-Based Gang Intervention),
part E (relating to State Challenge Activities), and part G (relating to
Mentoring) of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974, and to carry out the At-Risk Children's Program
under title V of that Act, not more than 10 percent of each such amount
may be used for research, evaluation, and statistics activities designed
to benefit the programs or activities authorized under the appropriate
part or title, and not more than 2 percent of each such amount may be
used for training and technical assistance activities designed to
benefit the programs or activities authorized under that part or title.
In addition, for grants, contracts, cooperative agreements, and
other assistance, $10,000,000 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
[[Page 112 STAT. 2681-66]]
of 1990, as amended, $7,000,000, to remain available until expended, as
authorized by section 214B of the Act.
To remain available until expended, for payments authorized by part
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796), as amended, such sums as are necessary, as authorized
by section 6093 of Public Law 100-690 (102 Stat. 4339-4340).
General Provisions--Department of Justice
Sec. 101. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of not
to exceed $45,000 from funds appropriated to the Department of Justice
in this title shall be available to the Attorney General for official
reception and representation expenses in accordance with distributions,
procedures, and regulations established by the Attorney General.
Sec. 102. Authorities contained in the Department of Justice
Appropriation Authorization Act, Fiscal Year 1980 (Public Law 96-132; 93
Stat. 1040 (1979)), as amended, shall remain in effect until the
termination date of this Act or until the effective date of a Department
of Justice Appropriation Authorization Act, whichever is earlier.
Sec. 103. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case of
rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 104. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 105. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 104 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
<> Sec. 106. Notwithstanding any other
provision of law, not to exceed $10,000,000 of the funds made available
in this Act may be used to establish and publicize a program under which
publicly advertised, extraordinary rewards may be paid, which shall not
be subject to spending limitations contained in sections 3059 and 3072
of title 18, United States Code: Provided, That any reward of $100,000
or more, up to a maximum of $2,000,000, may not be made without the
personal approval of the President or the Attorney General and such
approval may not be delegated.
Sec. 107. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act, including those derived from the Violent Crime Reduction Trust
Fund, may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated
[[Page 112 STAT. 2681-67]]
as a reprogramming of funds under section 605 of this Act and shall not
be available for obligation except in compliance with the procedures set
forth in that section.
<> Sec. 108. For fiscal year 1999 and
thereafter, the Director of the Bureau of Prisons may make expenditures
out of the Commissary Fund of the Federal Prison System, regardless of
whether any such expenditure is security-related, for programs, goods,
and services for the benefit of inmates (to the extent the provision of
those programs, goods, or services to inmates is not otherwise
prohibited by law), including--
(1) the installation, operation, and maintenance of the
Inmate Telephone System;
(2) the payment of all the equipment purchased or leased in
connection with the Inmate Telephone System; and
(3) the salaries, benefits, and other expenses of personnel
who install, operate, and maintain the Inmate Telephone System.
Sec. 109. (a) Section 3201 of the Crime Control Act of 1990 (28
U.S.C. 509 note) is amended to read as follows--
``Appropriations in this or any other Act hereafter for the Federal
Bureau of Investigation, the Drug Enforcement Administration, or the
Immigration and Naturalization Service are available, in an amount of
not to exceed $25,000 each per fiscal year, to pay humanitarian expenses
incurred by or for any employee thereof (or any member of the employee's
immediate family) that results from or is incident to serious illness,
serious injury, or death occurring to the employee while on official
duty or business.''.
(b) The Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 is amended by striking section 626 (8 U.S.C. 1363b).
Sec. 110. Any amounts credited to the ``Legalization Account''
established under section 245(c)(7)(B) of the Immigration and
Nationality Act (8 U.S.C. 1255a(c)(7)(B)) are transferred to the
``Examinations Fee Account'' established under section 286(m) of that
Act (8 U.S.C. 1356(m)).
Sec. 111. The Director of the Bureau of Prisons shall conduct a
study, not later than 270 days after the date of the enactment of this
Act, of private prisons that evaluates the growth and development of the
private prison industry during the past 15 years, training
qualifications of personnel at private prisons, and the security
procedures of such facilities, and compares the general standards and
conditions between private prisons and Federal prisons. The results of
such study shall be submitted to the Committees on the Judiciary and
Appropriations of the House of Representatives and the Senate.
Sec. 112. Notwithstanding any other provision of law, during fiscal
year 1999, the Assistant Attorney General for the Office of Justice
Programs of the Department of Justice--
(1) may make grants, or enter into cooperative agreements
and contracts, for the Office of Justice Programs and the
component organizations of that Office; and
(2) shall have final authority over all grants, cooperative
agreements, and contracts made, or entered into, for the Office
of Justice Programs and the component organizations of that
Office.
Sec. 113. Notwithstanding any other provision of law, with respect
to any grant program for which amounts are made available under this
title, the term ``tribal'' means of or relating to an Indian
[[Page 112 STAT. 2681-68]]
tribe (as that term is defined in section 102(2) of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a(2))).
Sec. 114. Section 286(e)(1)(C) of the Immigration and Nationality
Act (8 U.S.C. 1356(e)(1)(C)) is amended by inserting ``State'' and a
comma immediately before ``territory''.
Sec. 115. (a)(1) Notwithstanding any other provision of law, for
fiscal year 1999, the Attorney General may obligate any funds
appropriated for or reimbursed to the Counterterrorism programs,
projects or activities of the Department of Justice to purchase or lease
equipment or any related items, or to acquire interim services, without
regard to any otherwise applicable Federal acquisition rule, if the
Attorney General determines that--
(A) there is an exigent need for the equipment, related
items, or services in order to support an ongoing
counterterrorism, national security, or computer-crime
investigation or prosecution;
(B) the equipment, related items, or services required are
not available within the Department of Justice; and
(C) adherence to that Federal acquisition rule would--
(i) delay the timely acquisition of the equipment,
related items, or services; and
(ii) adversely affect an ongoing counterterrorism,
national security, or computer-crime investigation or
prosecution.
(2) In this subsection, the term ``Federal acquisition rule'' means
any provision of title II or IX of the Federal Property and
Administrative Services Act of 1949, the Office of Federal Procurement
Policy Act, the Small Business Act, the Federal Acquisition Regulation,
or any other provision of law or regulation that establishes policies,
procedures, requirements, conditions, or restrictions for procurements
by the head of a department or agency or the Federal Government.
(b) The Attorney General shall immediately notify the Committees on
Appropriations of the House of Representatives and the Senate in writing
of each expenditure under subsection (a), which notification shall
include sufficient information to explain the circumstances
necessitating the exercise of the authority under that subsection.
Sec. 116. Section 110(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``later than'' and all that follows through ``Attorney'' and
inserting ``later than October 15, 1998 (and not later than
March 30, 2001, in the case of land border ports of entry and
sea ports), the Attorney'';
(2) in paragraph (1), by striking ``and'' at the end;
(3) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(3) not significantly disrupt trade, tourism, or other
legitimate cross-border traffic at land border ports of
entry.''.
Sec. 117. Section 402 of the Controlled Substances Act (21 U.S.C.
842) is amended--
(1) in subsection (a)(5), by inserting ``negligently''
before ``fail'';
[[Page 112 STAT. 2681-69]]
(2) in subsection (a)(10), by inserting ``negligently''
before ``to fail''; and
(3) in subsection (c)(1)--
(A) by inserting ``(A)'' after ``(1)'';
(B) by inserting ``subparagraph (B) of this
paragraph and'' before ``paragraph (2)''; and
(C) by adding at the end the following:
``(B) In the case of a violation of paragraph (5) or (10) of
subsection (a), the civil penalty shall not exceed $10,000.''.
Sec. 118. The General Accounting Office shall--
(1) monitor the compliance of the Department of Justice and
all United States Attorneys with the ``Guidance on the Use of
the False Claims Act in Civil Health Care Matters'' issued by
the Department of Justice on June 3, 1998, including any
revisions to that guidance; and
(2) not later than February 1, 1999, and again not later
than August 2, 1999, submit a report on such compliance to the
Committees on the Judiciary and the Committees on Appropriations
of the Senate and the House of Representatives.
Sec. 119. Firearms Safety. (a) Secure Gun Storage Device.--Section
921(a) of title 18, United States Code, is amended by adding at the end
the following:
``(34) The term `secure gun storage or safety device' means--
``(A) a device that, when installed on a firearm, is
designed to prevent the firearm from being operated without
first deactivating the device;
``(B) a device incorporated into the design of the firearm
that is designed to prevent the operation of the firearm by
anyone not having access to the device; or
``(C) a safe, gun safe, gun case, lock box, or other device
that is designed to be or can be used to store a firearm and
that is designed to be unlocked only by means of a key, a
combination, or other similar means.''.
(b) Certification Required in Application for Dealer's License.--
Section 923(d)(1) of title 18, United States Code, is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(G) in the case of an application to be licensed as a
dealer, the applicant certifies that secure gun storage or
safety devices will be available at any place in which firearms
are sold under the license to persons who are not licensees
(subject to the exception that in any case in which a secure gun
storage or safety device is temporarily unavailable because of
theft, casualty loss, consumer sales, backorders from a
manufacturer, or any other similar reason beyond the control of
the licensee, the dealer shall not be considered to be in
violation of the requirement under this subparagraph to make
available such a device).''.
(c) Revocation of Dealer's License for Failure To Have Secure Gun
Storage or Safety Devices Available.--The first sentence of section
923(e) of title 18, United States Code, is amended by inserting before
the period at the end the following: ``or fails to have secure gun
storage or safety devices available at any place in which firearms are
sold under the license to persons who are
[[Page 112 STAT. 2681-70]]
not licensees (except that in any case in which a secure gun storage or
safety device is temporarily unavailable because of theft, casualty
loss, consumer sales, backorders from a manufacturer, or any other
similar reason beyond the control of the licensee, the dealer shall not
be considered to be in violation of the requirement to make available
such a device)''.
(d) Statutory Construction; Evidence.--
<> (1) Statutory construction.--
Nothing in the amendments made by this section shall be
construed--
(A) as creating a cause of action against any
firearms dealer or any other person for any civil
liability; or
(B) as establishing any standard of care.
(2) Evidence.--Notwithstanding any other provision of law,
evidence regarding compliance or noncompliance with the
amendments made by this section shall not be admissible as
evidence in any proceeding of any court, agency, board, or other
entity.
<> (e) Effective Date.--The amendments made
by this section shall take effect 180 days after the date of enactment
of this Act.
Sec. 120. Firearm Safety Education Grants. (a) In General.--Section
510 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3760) is amended--
(1) in subsection (a), by striking paragraph (1) and
inserting the following:
``(1) undertaking educational and training programs for--
``(A) criminal justice personnel; and
``(B) the general public, with respect to the lawful
and safe ownership, storage, carriage, or use of
firearms, including the provision of secure gun storage
or safety devices;'';
(2) in the first sentence of subsection (b), by inserting
before the period the following: ``and is authorized to make
grants to, or enter into contracts with, those persons and
entities to carry out the purposes specified in subsection
(a)(1)(B) in accordance with subsection (c)''; and
(3) by adding at the end the following:
``(c)(1) In accordance with this subsection, the Director may make a
grant to, or enter into a contract with, any person or entity referred
to in subsection (b) to provide for a firearm safety program that, in a
manner consistent with subsection (a)(1)(B), provides for general public
training and dissemination of information concerning firearm safety,
secure gun storage, and the lawful ownership, carriage, or use of
firearms, including the provision of secure gun storage or safety
devices.
``(2) Funds made available under a grant under paragraph (1) may not
be used (either directly or by supplanting non-Federal funds) for
advocating or promoting gun control, including making communications
that are intended to directly or indirectly affect the passage of
Federal, State, or local legislation intended to restrict or control the
purchase or use of firearms.
``(3) Except as provided in paragraph (4), each firearm safety
program that receives funding under this subsection shall provide for
evaluations that shall be developed pursuant to guidelines that the
Director of the National Institute of Justice of the Department of
Justice, in consultation with the Director of the Bureau of Justice
[[Page 112 STAT. 2681-71]]
Assistance and recognized private entities that have expertise in
firearms safety, education and training, shall establish.
``(4) With respect to a firearm safety program that receives funding
under this section, the Director may waive the evaluation requirement
described in paragraph (3) if the Director determines that the program--
``(A) is not of a sufficient size to justify an evaluation;
or
``(B) is designed primarily to provide material resources
and supplies, and that activity would not justify an
evaluation.''.
<> (b) Effective Date.--The amendments
made by this section shall take effect on the earlier of--
(1) October 1, 1998; or
(2) the date of enactment of this Act.
Sec. 121. Section 922 of title 18, United States Code, is amended--
(1) in subsection (d), by striking paragraph (5) and
inserting the following:
``(5) who, being an alien--
``(A) is illegally or unlawfully in the United
States; or
``(B) except as provided in subsection (y)(2), has
been admitted to the United States under a nonimmigrant
visa (as that term is defined in section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26)));'';
(2) in subsection (g), by striking paragraph (5) and
inserting the following:
``(5) who, being an alien--
``(A) is illegally or unlawfully in the United
States; or
``(B) except as provided in subsection (y)(2), has
been admitted to the United States under a nonimmigrant
visa (as that term is defined in section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26)));'';
(3) in subsection (s)(3)(B), by striking clause (v) and
inserting the following:
``(v) is not an alien who--
``(I) is illegally or unlawfully in
the United States; or
``(II) subject to subsection (y)(2),
has been admitted to the United States
under a nonimmigrant visa (as that term
is defined in section 101(a)(26) of the
Immigration and Nationality Act (8
U.S.C. 1101(a)(26)));''; and
(4) by inserting after subsection (x) the following:
``(y) Provisions Relating to Aliens Admitted Under Nonimmigrant
Visas.--
``(1) Definitions.--In this subsection--
``(A) the term `alien' has the same meaning as in
section 101(a)(3) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(3)); and
``(B) the term `nonimmigrant visa' has the same
meaning as in section 101(a)(26) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(26)).
[[Page 112 STAT. 2681-72]]
``(2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B), and
(s)(3)(B)(v)(II) do not apply to any alien who has been lawfully
admitted to the United States under a nonimmigrant visa, if that
alien is--
``(A) admitted to the United States for lawful
hunting or sporting purposes or is in possession of a
hunting license or permit lawfully issued in the United
States;
``(B) an official representative of a foreign
government who is--
``(i) accredited to the United States
Government or the Government's mission to an
international organization having its headquarters
in the United States; or
``(ii) en route to or from another country to
which that alien is accredited;
``(C) an official of a foreign government or a
distinguished foreign visitor who has been so designated
by the Department of State; or
``(D) a foreign law enforcement officer of a
friendly foreign government entering the United States
on official law enforcement business.
``(3) Waiver.--
``(A) Conditions for waiver.--Any individual who has
been admitted to the United States under a nonimmigrant
visa may receive a waiver from the requirements of
subsection (g)(5), if--
``(i) the individual submits to the Attorney
General a petition that meets the requirements of
subparagraph (C); and
``(ii) the Attorney General approves the
petition.
``(B) Petition.--Each petition under subparagraph
(B) shall--
``(i) demonstrate that the petitioner has
resided in the United States for a continuous
period of not less than 180 days before the date
on which the petition is submitted under this
paragraph; and
``(ii) include a written statement from the
embassy or consulate of the petitioner,
authorizing the petitioner to acquire a firearm or
ammunition and certifying that the alien would
not, absent the application of subsection
(g)(5)(B), otherwise be prohibited from such
acquisition under subsection (g).
``(C) Approval of petition.--The Attorney General
shall approve a petition submitted in accordance with
this paragraph, if the Attorney General determines that
waiving the requirements of subsection (g)(5)(B) with
respect to the petitioner--
``(i) would be in the interests of justice;
and
``(ii) would not jeopardize the public
safety.''.
Sec. 122. Section 3486(a)(1) of title 18, United States Code, is
amended by inserting ``or any act or activity involving a Federal
offense relating to the sexual exploitation or other abuse of
children,'' after ``health care offense,''.
Sec. 123. Section 170102 of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14072) is amended--
(1) in subsection (a)(2), by striking ``or'';
[[Page 112 STAT. 2681-73]]
(2) in subsection (g)(3), by striking ``minimally
sufficient'' and inserting ``State sexual offender''; and
(3) by amending subsection (i) to read as follows:
``(i) Penalty.--A person who is--
``(1) required to register under paragraph (1), (2), or (3)
of subsection (g) of this section and knowingly fails to comply
with this section;
``(2) required to register under a sexual offender
registration program in the person's State of residence and
knowingly fails to register in any other State in which the
person is employed, carries on a vocation, or is a student;
``(3) described in section 4042(c)(4) of title 18, United
States Code, and knowingly fails to register in any State in
which the person resides, is employed, carries on a vocation, or
is a student following release from prison or sentencing to
probation; or
``(4) sentenced by a court martial for conduct in a category
specified by the Secretary of Defense under section 115(a)(8)(C)
of title I of Public Law 105-119, and knowingly fails to
register in any State in which the person resides, is employed,
carries on a vocation, or is a student following release from
prison or sentencing to probation, shall, in the case of a first
offense under this subsection, be imprisoned for not more than 1
year and, in the case of a second or subsequent offense under
this subsection, be imprisoned for not more than 10 years.''.
<> Sec. 124. (a)(1) A nursing facility or
home health care agency may submit a request to the Attorney General to
conduct a search and exchange of records described in subsection (b)
regarding an applicant for employment if the employment position is
involved in direct patient care.
(2) A nursing facility or home health care agency requesting a
search and exchange of records under this section shall submit to the
Attorney General through the appropriate State agency or agency
designated by the Attorney General a copy of an employment applicant's
fingerprints, a statement signed by the applicant authorizing the
nursing facility or home health care agency to request the search and
exchange of records, and any other identification information not more
than 7 days (excluding Saturdays, Sundays, and legal public holidays
under section 6103(a) of title 5, United States Code) after acquiring
the fingerprints, signed statement, and information.
(b) Pursuant to any submission that complies with the requirements
of subsection (a), the Attorney General shall search the records of the
Criminal Justice Information Services Division of the Federal Bureau of
Investigation for any criminal history records corresponding to the
fingerprints or other identification information submitted. The Attorney
General shall provide any corresponding information resulting from the
search to the appropriate State agency or agency designated by the
Attorney General to receive such information.
(c) Information regarding an applicant for employment in a nursing
facility or home health care agency obtained pursuant to this section
may be used only by the facility or agency requesting the information
and only for the purpose of determining the suitability of the applicant
for employment by the facility or agency in a position involved in
direct patient care.
[[Page 112 STAT. 2681-74]]
(d) The Attorney General may charge a reasonable fee, not to exceed
$50 per request, to any nursing facility or home health care agency
requesting a search and exchange of records pursuant to this section.
(e) Not later than 2 years after the date of enactment of this Act,
the Attorney General shall submit a report to Congress on the number of
requests for searches and exchanges of records made under this section
by nursing facilities and home health care agencies and the disposition
of such requests.
(f) Whoever knowingly uses any information obtained pursuant to this
section for a purpose other than as authorized under subsection (c)
shall be fined in accordance with title 18, United States Code,
imprisoned for not more than 2 years, or both.
(g) A nursing facility or home health care agency that, in denying
employment for an applicant, reasonably relies upon information provided
by the Attorney General pursuant to this section shall not be liable in
any action brought by the applicant based on the employment
determination resulting from the incompleteness or inaccuracy of the
information.
(h) The Attorney General may promulgate such regulations as are
necessary to carry out this section, including regulations regarding the
security, confidentiality, accuracy, use, destruction, and dissemination
of information, audits and recordkeeping, the imposition of fees, and
any necessary modifications to the definitions contained in subsection
(i).
(i) In this section:
(1) The term ``home health care agency'' means an agency
that provides home health care or personal care services on a
visiting basis in a place of residence.
(2) The term ``nursing facility'' means a facility or
institution (or a distinct part of an institution) that is
primarily engaged in providing to residents of the facility or
institution nursing care, including skilled nursing care, and
related services for individuals who require medical or nursing
care.
(j) This section shall apply without fiscal year limitation.
<> Sec. 125. Effective with the enactment
of this Act, and in any fiscal year hereafter, the Attorney General and
the Secretary of the Treasury may, for their respective agencies, extend
the payment of relocation expenses listed in section 5724a(b)(1) of
Title 5 of the United States Code to include the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, and the
territories and possessions of the United States.
Sec. 126. Notwithstanding any other provision of this Act, the total
of the amounts appropriated under this title of this Act is reduced by
$20,038,000, out of which the reductions for each account shall be made
in accordance with the chart on Year 2000 funding dated September 17,
1998, provided to Congress by the Department of Justice.
Sec. 127. Notwithstanding any other provision of law, in any action
brought by a prisoner under section 1979 of the Revised Statutes (42
U.S.C. 1983) against a Federal, State, or local jail, prison, or
correctional facility, or any employee or former employee thereof,
arising out of the incarceration of that prisoner--
(1) the financial records of a person employed or formerly
employed by the Federal, State, or local jail, prison, or
correctional facility, shall not be subject to disclosure
without the written consent of that person or pursuant to a
court order,
[[Page 112 STAT. 2681-75]]
unless a verdict of liability has been entered against that
person; and
(2) the home address, home phone number, social security
number, identity of family members, personal tax returns, and
personal banking information of a person described in paragraph
(1), and any other records or information of a similar nature
relating to that person, shall not be subject to disclosure
without the written consent of that person, or pursuant to a
court order.
Sec. 128. (a) The numerical limitation set forth in section 209(b)
of the Immigration and Nationality Act (8 U.S.C. 1159(b)) shall not
apply to any alien described in subsection (b).
(b) An alien described in subsection (a) is an alien who was a
United States Government employee, employee of a nongovernmental
organization based in the United States, or other Iraqi national who was
moved to Guam by the United States Government in 1996 or 1997 pursuant
to an arrangement made by the United States Government, and who was
granted asylum in the United States under section 208(a) of the
Immigration and Nationality Act (8 U.S.C. 1158(a)).
Sec. 129. (a) Amendments to Juvenile Justice and Delinquency
Prevention Act of 1974.--
(1) In general.--Section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended--
(A) by striking paragraph (8) and inserting the
following:
``(8) the term `unit of local government' means--
``(A) any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State;
``(B) any law enforcement district or judicial
enforcement district that--
``(i) is established under applicable State
law; and
``(ii) has the authority to, in a manner
independent of other State entities, establish a
budget and raise revenues;
``(C) an Indian Tribe that performs law enforcement
functions, as determined by the Secretary of the
Interior; or
``(D) for the purposes of assistance eligibility,
any agency of the government of the District of Columbia
or the Federal Government that performs law enforcement
functions in and for--
``(i) the District of Columbia; or
``(ii) any Trust Territory of the United
States;''; and
(B) in paragraph (9), by striking ``units of general
local government'' and inserting ``units of local
government''.
(2) Conforming amendments.--
(A) Section 221(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5631(a))
is amended by striking ``units of general local
government'' each place that term appears and inserting
``units of local government''.
(B) Section 222(c) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5632(c))
is
[[Page 112 STAT. 2681-76]]
amended by striking ``units of general local
government'' each place that term appears and inserting
``units of local government''.
(C) Section 223(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a))
is amended--
(i) in paragraph (4)--
(I) by striking ``units of general
local government'' and inserting ``units
of local government''; and
(II) by striking ``local
governments'' and inserting ``units of
local government'';
(ii) in paragraph (5)--
(I) in subparagraph (A), by striking
``units of general local government''
and inserting ``units of local
government''; and
(II) in subparagraph (B), by
striking ``unit of general local
government'' and inserting ``unit of
local government'';
(iii) in paragraph (6), by striking ``unit of
general local government'' and inserting ``unit of
local government''; and
(iv) in paragraph (10), by striking ``unit of
general local government'' and inserting ``unit of
local government''.
(D) Section 244(5) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5654(5))
is amended by striking ``units of general local
government'' and inserting ``units of local
government''.
(E) Section 372(a)(3) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C.
5714b(a)(3)) is amended by striking ``unit of general
local government'' and inserting ``unit of local
government''.
(F) Section 505(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5784(a))
is amended by striking ``units of general local
government'' and inserting ``units of local
government''.
(b) Omnibus Crime Control and Safe Streets Act of 1968.--Section
901(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3791(3)) is amended to read as follows:
``(3) `unit of local government' means--
``(A) any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State;
``(B) any law enforcement district or judicial
enforcement district that--
``(i) is established under applicable State
law; and
``(ii) has the authority to, in a manner
independent of other State entities, establish a
budget and impose taxes;
``(C) an Indian Tribe (as that term is defined in
section 103 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5603)) that performs
law enforcement functions, as determined by the
Secretary of the Interior; or
``(D) for the purposes of assistance eligibility,
any agency of the government of the District of Columbia
or
[[Page 112 STAT. 2681-77]]
the Federal Government that performs law enforcement
functions in and for--
``(i) the District of Columbia; or
``(ii) any Trust Territory of the United
States;''.
Sec. 130. 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 (FIRREA) and its implementation, such sums as may be necessary, to
remain available until expended: Provided, That the foregoing authority
is available solely for payment of judgments and compromise settlements:
Provided further, That payment of litigation expenses is available under
existing authority as set forth in the Memorandum of Understanding
between the Federal Deposit Insurance Corporation and the Department of
Justice, dated October 2, 1998, and may not be paid from amounts
provided in this Act.
This title may be cited as the ``Department of Justice
Appropriations Act, 1999''.
<> TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
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,
$24,200,000, of which $1,000,000 shall remain available until expended:
Provided, That not to exceed $98,000 shall be available for official
reception and representation expenses.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $44,495,000, to remain available until
expended.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and
[[Page 112 STAT. 2681-78]]
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 ten years,
and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign countries;
not to exceed $327,000 for official representation expenses abroad;
purchase of passenger motor vehicles for official use abroad, not to
exceed $30,000 per vehicle; obtain insurance on official motor vehicles;
and rent tie lines and teletype equipment, $286,264,000, to remain
available until expended, of which $1,600,000 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 $302,757,000
provided for in direct obligations (of which $284,664,000 is
appropriated from the General Fund, $1,600,000 is derived from fee
collections, and $16,493,000 is derived from unobligated balances and
deobligations from prior years), $59,280,000 shall be for Trade
Development, $17,779,000 shall be for Market Access and Compliance,
$31,047,000 shall be for the Import Administration, $182,736,000 shall
be for the United States and Foreign Commercial Service, and $11,915,000
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
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed overseas;
employment of Americans and aliens by contract for services abroad;
rental of space abroad for periods not exceeding ten years, and expenses
of alteration, repair, or improvement; 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, $52,331,000 to remain available until expended, of
which $1,877,000 shall be for inspections and other activities
[[Page 112 STAT. 2681-79]]
related to national security: Provided, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted for materials or
services provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information to
the public with respect to the export administration and national
security activities of the Department of Commerce and other export
control programs of the United States and other governments: Provided
further, That no funds may be obligated or expended for processing
licenses for the export of satellites of United States origin (including
commercial satellites and satellite components) to the People's Republic
of China, unless, at least 15 days in advance, the Committees on
Appropriations of the House and the Senate and other appropriate
Committees of the Congress are notified of such proposed action.
Economic Development Administration
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, as amended, Public
Law 91-304, and such laws that were in effect immediately before
September 30, 1982, and for trade adjustment assistance, $368,379,000:
Provided, That none of the funds appropriated or otherwise made
available under this heading may be used directly or indirectly for
attorneys' or consultants' fees in connection with securing grants and
contracts made by the Economic Development Administration: Provided
further, That, notwithstanding any other provision of law, the Secretary
of Commerce may provide financial assistance for projects to be located
on military installations closed or scheduled for closure or realignment
to grantees eligible for assistance under the Public Works and Economic
Development Act of 1965, as amended, without it being required that the
grantee have title or ability to obtain a lease for the property, for
the useful life of the project, when in the opinion of the Secretary of
Commerce, such financial assistance is necessary for the economic
development of the area: Provided further, That the Secretary of
Commerce may, as the Secretary considers appropriate, consult with the
Secretary of Defense regarding the title to land on military
installations closed or scheduled for closure or realignment.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $24,000,000: 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.
[[Page 112 STAT. 2681-80]]
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, $27,000,000.
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,
$48,490,000, to remain available until September 30, 2000.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law, $136,147,000.
periodic censuses and programs
For expenses necessary to conduct the decennial census,
$1,026,936,000 to remain available until expended: Provided, That, of
this amount, not less than $75,000,000 shall be for the following
activities: (1) $23,000,000 for additional staffing requirements for
local field offices; (2) $17,000,000 for additional promotion, outreach,
and marketing activities; and (3) $35,000,000 for additional costs
associated with modifications to decennial census questionnaires.
In addition, for necessary expenses of the Census Monitoring Board
as authorized by section 210 of Public Law 105-119, $4,000,000, to
remain available until expended.
In addition, for expenses to collect and publish statistics for
other periodic censuses and programs provided for by law, $155,966,000,
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), $10,940,000,
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
[[Page 112 STAT. 2681-81]]
functions pursuant to the NTIA Organization Act, 47 U.S.C. 902-903, to
any Federal entity without reimbursement as required by NTIA for such
spectrum management costs, and Federal entities withholding payment of
such cost shall not use spectrum: Provided further, That the Secretary
of Commerce is authorized to retain and use as offsetting collections
all funds transferred, or previously transferred, from other Government
agencies for all costs incurred in telecommunications research,
engineering, and related activities by the Institute for
Telecommunication Sciences of the NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
For grants authorized by section 392 of the Communications Act of
1934, as amended, $21,000,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $1,800,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That
notwithstanding the provisions of section 391 of the Act, the prior year
unobligated balances may be made available for grants for projects for
which applications have been submitted and approved during any fiscal
year: Provided further, That, hereafter, notwithstanding any other
provision of law, the Pan-Pacific Education and Communication
Experiments by Satellite (PEACESAT) Program is eligible to compete for
Public Telecommunications Facilities, Planning and Construction funds.
information infrastructure grants
For grants authorized by section 392 of the Communications Act of
1934, as amended, $18,000,000, to remain available until expended as
authorized by section 391 of the Act, as amended: Provided, That not to
exceed $3,000,000 shall be available for program administration and
other support activities as authorized by section 391: Provided further,
That, of the funds appropriated herein, not to exceed 5 percent may be
available for telecommunications research activities for projects
related directly to the development of a national information
infrastructure: Provided further, That, notwithstanding the requirements
of section 392(a) and 392(c) of the Act, these funds may be used for the
planning and construction of telecommunications networks for the
provision of educational, cultural, health care, public information,
public safety, or other social services: Provided further, That
notwithstanding any other provision of law, no entity that receives
telecommunications services at preferential rates under section 254(h)
of the Communications Act of 1934 (47 U.S.C. 254(h)) or receives
assistance under the regional information sharing systems grant program
of the Department of Justice under part M of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796h) may use
funds under a grant under this heading to cover any costs of the entity
that would otherwise be covered by such preferential rates or such
assistance, as the case may be.
[[Page 112 STAT. 2681-82]]
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, $643,026,000, to remain
available until expended: Provided, That of this amount, $643,026,000
shall be derived from offsetting collections assessed and collected
pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be
retained and used for necessary expenses in this appropriation: Provided
further, That the sum herein appropriated from the General Fund shall be
reduced as such offsetting collections are received during fiscal year
1999, so as to result in a final fiscal year 1999 appropriation from the
General Fund estimated at $0: Provided further, That, during fiscal year
1999, should the total amount of offsetting fee collections be less than
$643,026,000, the total amounts available to the Patent and Trademark
Office shall be reduced accordingly: Provided further, That any amount
received in excess of $643,026,000 in fiscal year 1999 shall remain
available until expended, but shall not be available for obligation
until October 1, 1999: Provided further, That the amounts charged for
patent fees under 35 U.S.C. 41(a) and (b) shall be the amounts charged
by the Patent and Trademark Office on September 30, 1998, including any
applicable surcharges collected pursuant to section 8001 of Public Law
103-66: Provided further, That such fees shall be credited as offsetting
collections and shall be retained and used for necessary expenses in
this appropriation: Provided further, That upon enactment of a statute
reauthorizing the Patent and Trademark Office or establishing a
successor agency or agencies, and upon the subsequent enactment of a new
patent fee schedule, the fifth proviso in this paragraph shall no longer
have effect: Provided further, That, in addition to amounts otherwise
made available under this heading, not to exceed $102,000,000 of such
amounts collected shall be available for obligation in fiscal year 1999
for purposes as authorized by law: Provided further, That any amount
received in excess of $102,000,000 in fiscal year 1999 shall remain
available until expended, but shall not be available for obligation
until October 1, 1999.
Science and Technology
Technology Administration
For necessary expenses for the Under Secretary for Technology/Office
of Technology Policy, $9,495,000, of which not to exceed $1,600,000
shall remain available until September 30, 2000.
National Institute of Standards and Technology
For necessary expenses of the National Institute of Standards and
Technology, $280,136,000, to remain available until expended,
[[Page 112 STAT. 2681-83]]
of which not to exceed $1,625,000 may be transferred to the ``Working
Capital Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension Partnership of
the National Institute of Standards and Technology, $106,800,000, to
remain available until expended: Provided, <> That notwithstanding the time limitations imposed by 15 U.S.C.
278k(c) (1) and (5) on the duration of Federal financial assistance that
may be awarded by the Secretary of Commerce to Regional Centers for the
transfer of Manufacturing Technology (``Centers''), such Federal
financial assistance for a Center may continue beyond six years and may
be renewed for additional periods, not to exceed one year, at a rate not
to exceed one-third of the Center's total annual costs or the level of
funding in the sixth year, whichever is less, subject before any such
renewal to a positive evaluation of the Center and to a finding by the
Secretary of Commerce that continuation of Federal funding to the Center
is in the best interest of the Regional Centers for the transfer of
Manufacturing Technology Program: Provided further, That the Center's
most recent performance evaluation is positive, and the Center has
submitted a reapplication which has successfully passed merit review.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
$203,500,000, to remain available until expended, of which not to exceed
$66,000,000 shall be available for the award of new grants, and of which
not to exceed $500,000 may be transferred to the ``Working Capital
Fund''.
construction of research facilities
For construction of new research facilities, including architectural
and engineering design, and for renovation of existing facilities, not
otherwise provided for the National Institute of Standards and
Technology, as authorized by 15 U.S.C. 278c-278e, $56,714,000, to remain
available until expended: Provided, That of the amounts provided under
this heading, $40,000,000 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
For necessary expenses of activities authorized by law for the
National <> Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft; not to exceed
250 commissioned officers on the active list as of September 30, 1999;
grants, contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative agreements;
and relocation of facilities as authorized by 33 U.S.C. 883i;
$1,579,844,000, to remain available until expended: Provided, That fees
and donations received by the National Ocean Service for
[[Page 112 STAT. 2681-84]]
the management of the national marine sanctuaries may be retained and
used for the salaries and expenses associated with those activities,
notwithstanding 31 U.S.C. 3302: Provided further, That in addition,
$63,381,000 shall be derived by transfer from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining to
American Fisheries'': Provided further, That grants to States pursuant
to sections 306 and 306A of the Coastal Zone Management Act of 1972, as
amended, shall not exceed $2,000,000: Provided further, That not to
exceed $31,439,000 shall be expended for Executive Direction and
Administration, which consists of the Offices of the Under Secretary,
the Executive Secretariat, Policy and Strategic Planning, International
Affairs, Legislative Affairs, Public Affairs, Sustainable Development,
the Chief Scientist, and the General Counsel: Provided further, That the
aforementioned offices, excluding the Office of the General Counsel,
shall not be augmented by personnel details, temporary transfers of
personnel on either a reimbursable or nonreimbursable basis or any other
type of formal or informal transfer or reimbursement of personnel or
funds on either a temporary or long-term basis above the level of 33
personnel: Provided further, That the Secretary of Commerce shall make
funds available to implement the mitigation recommendations identified
subsequent to the ``1995 Secretary's Report to Congress on Adequacy of
NEXRAD Coverage and Degradation of Weather Services'', and shall ensure
continuation of weather service coverage for these communities until
mitigation activities are completed: 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 five
percent of the funds provided for that assigned activity.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic and
Atmospheric Administration, $584,677,000, to remain available until
expended: Provided, That not to exceed $67,667,000 is available for the
advanced weather interactive processing system, and may be available for
obligation and expenditure only pursuant to a certification by the
Secretary of Commerce that the total cost to complete the acquisition
and deployment of the advanced weather interactive processing system
through Build 4.2 and NOAA Port system, including program management,
operations, and maintenance costs through deployment, will not exceed
$71,790,000: Provided further, That unexpended balances of amounts
previously made available in the ``Operations, Research, and
Facilities'' account for activities funded under this heading may be
transferred to and merged with this account, to remain available until
expended for the purposes for which the funds were originally
appropriated.
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.
[[Page 112 STAT. 2681-85]]
For carrying out the provisions of title IV of Public Law 95-372,
not to exceed $953,000, to be derived from receipts collected pursuant
to that Act, to remain available until expended.
foreign fishing observer fund
For expenses necessary to carry out the provisions of the Atlantic
Tunas Convention Act of 1975, as amended (Public Law 96-339), the
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as
amended (Public Law 100-627), and the American Fisheries Promotion Act
(Public Law 96-561), to be derived from the fees imposed under the
foreign fishery observer program authorized by these Acts, not to exceed
$189,000, to remain available until expended.
fisheries finance program account
For the cost of direct loans, $338,000, as authorized by the
Merchant Marine Act of 1936, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That none of the funds made available under this heading may be used for
direct loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
General Administration
salaries and expenses
For expenses necessary for the general administration of the
Department of Commerce provided for by law, including not to exceed
$3,000 for official entertainment, $30,000,000.
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, $21,000,000.
Patent and Trademark Office
Of the unobligated balances available under this heading from prior
year appropriations, fees collected in this fiscal year, and balances of
prior year fees, $71,000,000 are rescinded.
General Provisions--Department of Commerce
Sec. 201. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act shall
be available for the activities specified in the Act of October 26, 1949
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act,
and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments
not otherwise authorized
[[Page 112 STAT. 2681-86]]
only upon the certification of officials designated by the Secretary of
Commerce that such payments are in the public interest.
Sec. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 203. None of the funds made available by this Act may be used
to support the hurricane reconnaissance aircraft and activities that are
under the control of the United States Air Force or the United States
Air Force Reserve.
Sec. 204. <> None of the funds provided in
this or any previous Act, or hereinafter made available to the
Department of Commerce, shall be available to reimburse the Unemployment
Trust Fund or any other fund or account of the Treasury to pay for any
expenses paid before October 1, 1992, as authorized by section 8501 of
title 5, United States Code, for services performed after April 20,
1990, by individuals appointed to temporary positions within the Bureau
of the Census for purposes relating to the 1990 decennial census of
population.
Sec. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 206. (a) Should legislation be enacted to dismantle or
reorganize the Department of Commerce, or any portion thereof, the
Secretary of Commerce, no later than 90 days thereafter, shall submit to
the Committees on Appropriations of the House and the Senate a plan for
transferring funds provided in this Act to the appropriate successor
organizations: Provided, That the plan shall include a proposal for
transferring or rescinding funds appropriated herein for agencies or
programs terminated under such legislation: Provided further, That such
plan shall be transmitted in accordance with section 605 of this Act.
(b) The Secretary of Commerce or the appropriate head of any
successor organization(s) may use any available funds to carry out
legislation dismantling or reorganizing the Department of Commerce, or
any portion thereof, to cover the costs of actions relating to the
abolishment, reorganization, or transfer of functions and any related
personnel action, including voluntary separation incentives if
authorized by such legislation: Provided, That the authority to transfer
funds between appropriations accounts that may be necessary to carry out
this section is provided in addition to authorities included under
section 205 of this Act: Provided further, That use of funds to carry
out this section shall be treated as a reprogramming of funds under
section 605 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
Sec. 207. Any costs incurred by a Department or agency funded under
this title resulting from personnel actions taken in response to funding
reductions included in this title or from actions taken
[[Page 112 STAT. 2681-87]]
for the care and protection of loan collateral or grant property shall
be absorbed within the total budgetary resources available to such
Department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 605 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 208. The Secretary of Commerce may award contracts for
hydrographic, geodetic, and photogrammetric surveying and mapping
services in accordance with title IX of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 541 et seq.).
Sec. 209. The Secretary of Commerce may use the Commerce franchise
fund for expenses and equipment necessary for the maintenance and
operation of such administrative services as the Secretary determines
may be performed more advantageously as central services, pursuant to
section 403 of Public Law 103-356: Provided, That any inventories,
equipment, and other assets pertaining to the services to be provided by
such fund, either on hand or on order, less the related liabilities or
unpaid obligations, and any appropriations made for the purpose of
providing capital shall be used to capitalize such fund: Provided
further, That such fund shall be paid in advance from funds available to
the Department and other Federal agencies for which such centralized
services are performed, at rates which will return in full all expenses
of operation, including accrued leave, depreciation of fund plant and
equipment, amortization of automated data processing (ADP) software and
systems (either acquired or donated), and an amount necessary to
maintain a reasonable operating reserve, as determined by the Secretary:
Provided further, That such fund shall provide services <> on a competitive basis: Provided further, That an amount not
to exceed 4 percent of the total annual income to such fund may be
retained in the fund for fiscal year 1999 and each fiscal year
thereafter, to remain available until expended, to be used for the
acquisition of capital equipment, and for the improvement and
implementation of Department financial management, ADP, and other
support systems: Provided further, That such amounts retained in the
fund for fiscal year 1999 and each fiscal year thereafter shall be
available for obligation and expenditure only in accordance with section
605 of this Act: Provided further, That no later than 30 days after the
end of each fiscal year, amounts in excess of this reserve limitation
shall be deposited as miscellaneous receipts in the Treasury: Provided
further, That such franchise fund pilot program shall terminate pursuant
to section 403(f) of Public Law 103-356.
Sec. 210. No funds may be used under this Act to process or register
any application filed or submitted with the Patent and Trademark Office
under the Act entitled ``An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the provisions
of certain international conventions, and for other purposes'', approved
July 5, 1946, commonly referred to as the Trademark Act of 1946, as
amended, after the date of enactment of this Act for a mark identical to
the official tribal insignia of any federally recognized Indian tribe
for a period of one year from the date of enactment of this Act.
[[Page 112 STAT. 2681-88]]
Sec. 211. (a)(1) Notwithstanding any other provision of law, no
transaction or payment shall be authorized or approved pursuant to
section 515.527 of title 31, Code of Federal Regulations, as in effect
on September 9, 1998, with respect to a mark, trade name, or commercial
name that is the same as or substantially similar to a mark, trade name,
or commercial name that was used in connection with a business or assets
that were confiscated unless the original owner of the mark, trade name,
or commercial name, or the bona fide successor-in-interest has expressly
consented.
(2) No U.S. court shall recognize, enforce or otherwise validate any
assertion of rights by a designated national based on common law rights
or registration obtained under such section 515.527 of such a
confiscated mark, trade name, or commercial name.
(b) No U.S. court shall recognize, enforce or otherwise validate any
assertion of treaty rights by a designated national or its successor-in-
interest under sections 44 (b) or (e) of the Trademark Act of 1946 (15
U.S.C. 1126 (b) or (e)) for a mark, trade name, or commercial name that
is the same as or substantially similar to a mark, trade name, or
commercial name that was used in connection with a business or assets
that were confiscated unless the original owner of such mark, trade
name, or commercial name, or the bona fide successor-in-interest has
expressly consented.
<> (c) The Secretary of the Treasury shall
promulgate such rules and regulations as are necessary to carry out the
provisions of this section.
(d) In this section:
(1) The term ``designated national'' has the meaning given
such term in section 515.305 of title 31, Code of Federal
Regulations, as in effect on September 9, 1998, and includes a
national of any foreign country who is a successor-in-interest
to a designated national.
(2) The term ``confiscated'' has the meaning given such term
in section 515.336 of title 31, Code of Federal Regulations, as
in effect on September 9, 1998.
Sec. 212. (a) Subject to subsection (b), the Secretary of Commerce
shall convey, at fair market value (as determined by the Secretary), to
the city of Two Harbors, Minnesota, or its designee, the parcel of land
described in subsection (c).
(b) The Secretary may make the conveyance under subsection (a) only
if the Secretary receives adequate assurances, as determined by the
Secretary, that the conveyance is in accordance with the requirements of
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.).
(c) The parcel of land referred to in subsection (a) consists of
approximately 21.55 acres known as the J and J Casting site, in Lake
County, Minnesota, together with a road easement, all as described in
the deed of the United States Marshal, dated March 22, 1988, executed
pursuant to the order of sale of the United States District Court for
the District of Minnesota, dated May 15, 1987, in case Civil No. 5-86-
300.
(d) The Secretary shall carry out this section acting through the
Assistant Secretary of Commerce for Economic Development.
Sec. 213. The Secretary of Commerce, through the Under Secretary for
Oceans and Atmosphere, is authorized to exchange, under such terms as
the Secretary deems appropriate, all right, title, and interest in the
28.16 acre Lena Point property near Juneau, Alaska, to site a National
Oceanic and Atmospheric Administration
[[Page 112 STAT. 2681-89]]
facility: Provided, That the Secretary is authorized to enter into an
agreement with the owner of the Lena Point site to modify existing rock
quarry operations to minimize future site development costs, and to
provide appropriated funds for project mitigation purposes: Provided
further, That Section 2(b) of Public Law 104-91 is amended by striking
``on Auke Cape near Juneau, Alaska'' and inserting in lieu thereof ``in
Alaska''.
Sec. 214. The National Oceanic and Atmospheric Administration (NOAA)
is authorized to provide an easement, lease, license or other long-term
agreement to allow the State of Alaska to own, operate and maintain a
laboratory, classroom, and office facility on the site of the NOAA
facility and to accept and expend State funds for development of joint
facilities that will be owned and operated by NOAA: Provided, That NOAA
is authorized to collect operation and maintenance costs from the State
of Alaska and to retain said funds for utility costs, and current and
future facility maintenance costs.
This title may be cited as the ``Department of Commerce and Related
Agencies Appropriations Act, 1999''.
<> TITLE III--THE
JUDICIARY
Supreme Court of the United States
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, $31,059,000.
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 him by the Act approved
May 7, 1934 (40 U.S.C. 13a-13b), $5,400,000, of which $2,364,000 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, $16,101,000.
United States Court of International Trade
salaries and expenses
For salaries of the chief judge and 8 judges, salaries of the
officers and employees of the court, services as authorized by 5
[[Page 112 STAT. 2681-90]]
U.S.C. 3109, and necessary expenses of the court, as authorized by law,
$11,804,000.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of circuit and district judges (including judges of
the territorial courts of the United States), justices and judges
retired from office or from regular active service, judges of the United
States Court of Federal Claims, bankruptcy judges, magistrate judges,
and all other officers and employees of the Federal Judiciary not
otherwise specifically provided for, and necessary expenses of the
courts, as authorized by law, $2,821,821,000 (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 expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $2,515,000, to be appropriated
from the Vaccine Injury Compensation Trust Fund.
violent crime reduction programs
For activities of the Federal Judiciary as authorized by law,
$41,043,000, 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.
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 (18 U.S.C. 3006A(e)); the compensation (in
accordance with Criminal Justice Act maximums) and reimbursement of
expenses of attorneys appointed to assist the court in criminal cases
where the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians ad litem
acting on behalf of financially eligible minor or incompetent offenders
in connection with transfers from the United States to foreign countries
with which the United States has a treaty for the execution of penal
sentences; and the compensation of attorneys appointed to represent
jurors in civil actions for the protection of their employment, as
authorized by 28 U.S.C. 1875(d), $360,952,000, to remain available until
expended as authorized by 18 U.S.C. 3006A(i).
[[Page 112 STAT. 2681-91]]
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)), $66,861,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under
section 5332 of title 5, United States Code.
Court Security
For necessary expenses, not otherwise provided for, incident to the
procurement, installation, and maintenance of security equipment and
protective services for the United States Courts in courtrooms and
adjacent areas, including building ingress-egress control, inspection of
packages, directed security patrols, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access to
Justice Act (Public Law 100-702), $174,569,000, of which not to exceed
$10,000,000 shall remain available until expended for security systems,
to be expended directly or transferred to the United States Marshals
Service, which shall be responsible for administering elements of the
Judicial Security Program consistent with standards or guidelines agreed
to by the Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $54,500,000, of which not to exceed $7,500 is authorized for
official reception and representation expenses.
Federal Judicial Center
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $17,716,000; of which $1,800,000 shall remain
available through September 30, 2000, to provide education and training
to Federal court personnel; and of which not to exceed $1,000 is
authorized for official reception and representation expenses.
Judicial Retirement Funds
For payment to the Judicial Officers' Retirement Fund, as authorized
by 28 U.S.C. 377(o), $27,500,000; to the Judicial Survivors' Annuities
Fund, as authorized by 28 U.S.C. 376(c),
[[Page 112 STAT. 2681-92]]
$7,800,000; and to the United States Court of Federal Claims Judges'
Retirement Fund, as authorized by 28 U.S.C. 178(l), $2,000,000.
United States Sentencing Commission
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $9,487,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this title which
are available for salaries and expenses shall be available for services
as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for district courts, courts of appeals, and
other judicial services shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $10,000 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.
This title may be cited as ``The Judiciary Appropriations Act,
1999''.
<> TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES
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;
representation to certain international organizations in which the
United States participates pursuant to treaties, ratified pursuant to
the advice and consent of the Senate, or specific Acts of Congress;
acquisition by exchange or purchase of passenger motor vehicles as
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c), and
[[Page 112 STAT. 2681-93]]
22 U.S.C. 2674; and for expenses of general administration,
$1,644,300,000: 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, $500,000 shall be available only for
the National Law Center for Inter-American Free Trade:
Provided <> further, That notwithstanding
section 140(a)(5), and the second sentence of section 140(a)(3), of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236), fees may be collected during fiscal years 1999 and 2000
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 1999 and 2000 as an offsetting collection to
appropriations made under this heading to recover costs as set forth
under section 140(a)(2) of that Act and shall remain available until
expended.
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 (Public Law 90-553), 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; 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)).
Notwithstanding section 402 of this Act, not to exceed 20 percent of
the amounts made available in this Act in the appropriation accounts
``Diplomatic and Consular Programs'' and ``Salaries and Expenses'' under
the heading ``Administration of Foreign Affairs'' may be transferred
between such appropriation accounts: Provided, That any transfer
pursuant to this sentence 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.
salaries and expenses
For expenses necessary for the general administration of the
Department of State and the Foreign Service, provided for by law,
including expenses authorized by section 9 of the Act of August 31,
1964, as amended (31 U.S.C. 3721), and the State Department Basic
Authorities Act of 1956, as amended, $355,000,000: Provided, That, of
this amount, $813,333 shall be transferred to the Presidential Advisory
Commission on Holocaust Assets in the United States.
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.
[[Page 112 STAT. 2681-94]]
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.
representation allowances
For representation allowances as authorized by section 905 of the
Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $4,350,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services in accordance
with the provisions of section 214 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,100,000,
to remain available until September 30, 2000.
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926, as amended (22 U.S.C. 292-300), preserving,
maintaining, repairing, and planning for, buildings that are owned or
directly leased by the Department of State, renovating, in addition to
funds otherwise available, the Main State Building, and carrying out the
Diplomatic Security Construction Program as authorized by title IV of
the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4851), $403,561,000, 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)): Provided, That none of the funds appropriated in this
paragraph shall be available for acquisition of furniture and
furnishings and generators for other departments and agencies.
emergencies in the diplomatic and consular service
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service
pursuant to the requirement of 31 U.S.C. 3526(e), $5,500,000 to remain
available until expended as authorized by section 24(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)), of which
not to exceed $1,000,000 may be transferred to and merged with the
Repatriation Loans Program Account, subject to the same terms and
conditions.
repatriation loans program account
For the cost of direct loans, $593,000, as authorized by section 4
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671):
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974. In addition, for administrative expenses necessary to carry out
the direct loan program, $607,000, which may be transferred to and
merged with the Salaries and Expenses account under Administration of
Foreign Affairs.
[[Page 112 STAT. 2681-95]]
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act, Public
Law 96-8, $14,750,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $132,500,000.
<> 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, $922,000,000:
Provided, That any payment of arrearages 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, of the
funds appropriated in this paragraph, $100,000,000 may be made available
only on a semi-annual basis pursuant to a certification by the Secretary
of State on a semi-annual basis, that the United Nations has taken no
action during the preceding 6 months to increase funding for any United
Nations program without identifying an offsetting decrease during that
6-month period elsewhere in the United Nations budget and cause the
United Nations to exceed the expected reform budget for the biennium
1998-1999 of $2,533,000,000: Provided further, That not to exceed
$15,000,000 shall be transferred from funds made available under this
heading to the ``International Conferences and Contingencies'' account
for United States contributions to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission, except that such transferred funds may be
obligated or expended only for Commission meetings and sessions,
provisional technical secretariat salaries and expenses, other
Commission administrative and training activities, including purchase of
training equipment, and upgrades to existing internationally based
monitoring systems involved in cooperative data sharing agreements with
the United States as of the date of enactment of this Act, until the
United States Senate ratifies the Comprehensive Nuclear Test Ban Treaty:
Provided further, That notwithstanding section 402 of this Act, not to
exceed $1,223,000 may be transferred from the funds made available under
this heading to the ``International Conferences and Contingencies''
account for assessed contributions to new or provisional international
organizations or for travel expenses of official delegates to
international conferences: Provided further, That any transfer pursuant
to the previous proviso 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
[[Page 112 STAT. 2681-96]]
the procedures set forth in that section: Provided further, That not to
exceed $2,000,000 shall only be available to establish an international
center for response to chemical, biological, and nuclear weapons:
Provided further, That funds appropriated under this paragraph may be
obligated and expended to pay the full U.S. 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, $231,000,000: Provided,
That none of the funds made available under this Act shall be obligated
or expended for any new or expanded United Nations peacekeeping mission
unless, at least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an emergency, as
far in advance as is practicable): (1) the Committees on Appropriations
of the House of Representatives and the Senate and other appropriate
committees of the Congress are notified of the estimated cost and length
of the mission, the vital national interest that will be served, and the
planned exit strategy; and (2) a reprogramming of funds pursuant to
section 605 of this Act is submitted, and the procedures therein
followed, setting forth the source of funds that will be used to pay for
the cost of the new or expanded mission: Provided further, That funds
shall be available for peacekeeping expenses only upon a certification
by the Secretary of State to the appropriate committees of the Congress
that American manufacturers and suppliers are being given opportunities
to provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That none of the funds
made available under this heading are available to pay the United States
share of the cost of court monitoring that is part of any United Nations
peacekeeping mission.
For an additional amount for payment of arrearages to meet
obligations of membership in the United Nations, and to pay assessed
expenses of international peacekeeping activities, $475,000,000, 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 unless such obligation or
expenditure is expressly authorized by law: Provided further, 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 the regular
budget of the United Nations does not exceed 22 percent for any single
United Nations member, and the share of the budget for each assessed
United Nations peacekeeping operation does not exceed 25 percent for any
single United Nations member.
[[Page 112 STAT. 2681-97]]
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:
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $19,551,000.
construction
For detailed plan preparation and construction of authorized
projects, $5,939,000, to remain available until expended, as authorized
by section 24(c) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2696(c)).
american sections, international commissions
For necessary expenses, not otherwise provided for the International
Joint Commission and the International Boundary Commission, United
States and Canada, as authorized by treaties between the United States
and Canada or Great Britain, and for the Border Environment Cooperation
Commission as authorized by Public Law 103-182, $5,733,000, of which not
to exceed $9,000 shall be available for representation expenses incurred
by the International Joint Commission.
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $14,549,000: Provided,
That the United States' share of such expenses may be advanced to the
respective commissions, pursuant to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by section 501 of
Public Law 101-246, $8,250,000, to remain available until expended, as
authorized by section 24(c) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2696(c)).
[[Page 112 STAT. 2681-98]]
RELATED AGENCIES
Arms Control and Disarmament Agency
arms control and disarmament activities
For necessary expenses not otherwise provided, for arms control,
nonproliferation, and disarmament activities, $41,500,000, of which not
to exceed $50,000 shall be for official reception and representation
expenses as authorized by the Act of September 26, 1961, as amended (22
U.S.C. 2551 et seq.).
United States Information Agency
international information programs
For expenses, not otherwise provided for, necessary to enable the
United States Information Agency, as authorized by the Mutual
Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C.
2451 et seq.), the United States Information and Educational Exchange
Act of 1948, as amended (22 U.S.C. 1431 et seq.), and Reorganization
Plan No. 2 of 1977 (91 Stat. 1636), to carry out international
communication, educational and cultural activities; and to carry out
related activities authorized by law, 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 of 1948 (22 U.S.C. 1471), and
entertainment, including official receptions, within the United States,
not to exceed $25,000 as authorized by section 804(3) of such Act of
1948 (22 U.S.C. 1474(3)), $455,246,000: Provided, That not to exceed
$1,400,000 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): Provided further, That not
to exceed $6,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments received from
or in connection with English teaching, library, motion pictures, and
publication programs as authorized by section 810 of such Act of 1948
(22 U.S.C. 1475e) and, notwithstanding any other law, fees from
educational advising and counseling, and exchange visitor program
services: Provided further, That not to exceed $920,000, to remain
available until expended, may be used to carry out projects involving
security construction and related improvements for agency facilities not
physically located together with Department of State facilities abroad.
For expenses of educational and cultural exchange programs, as
authorized by the Mutual Educational and Cultural Exchange Act of 1961,
as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of
1977 (91 Stat. 1636), $202,500,000, to remain available until expended
as authorized by section 105 of such Act of 1961 (22 U.S.C. 2455):
Provided, That not to exceed $800,000, to remain available until
expended, may be credited to this appropriation from fees or other
payments received from or in connection with English teaching and
publication programs as authorized by section 810 of the United States
Information and Educational
[[Page 112 STAT. 2681-99]]
Exchange Act of 1948 (22 U.S.C. 1475e) and, notwithstanding any other
provision of law, fees from educational advising and counseling:
Provided further, That notwithstanding section 402 of this Act, not to
exceed $2,000,000 may be transferred from the funds made available under
this heading to the ``Technology Fund'' account.
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 1999, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in accordance
with OMB Circulars A-110 (Uniform Administrative Requirements) and A-122
(Cost Principles for Non-profit Organizations), including the
restrictions on compensation for personal services.
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,
1999, to remain available until expended.
For expenses necessary to enable the United States Information
Agency, 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, and Reorganization Plan No. 2 of
1977, to carry out international communication activities, $362,365,000,
of which not to exceed $16,000 may be used for official receptions
within the United States as authorized by section 804(3) of such Act of
1948 (22 U.S.C. 1747(3)), not to exceed $35,000 may be used for
representation abroad as authorized by section 302 of such Act of 1948
(22 U.S.C. 1452) and section 905 of the Foreign Service Act of 1980 (22
U.S.C. 4085), and not to exceed $39,000 may be used for official
reception and representation expenses of Radio Free Europe/Radio
Liberty; and in addition, notwithstanding any other provision of law,
not to exceed $2,000,000 in receipts from advertising and revenue from
business ventures, not to exceed $500,000 in receipts from cooperating
international organizations, and not to exceed $1,000,000 in receipts
from privatization efforts of the Voice of America and the International
Broadcasting Bureau, to remain available until expended for carrying out
authorized purposes.
For expenses necessary to enable the United States Information
Agency to carry out the Radio Broadcasting to Cuba Act, as amended, the
Television Broadcasting to Cuba Act, and the International
[[Page 112 STAT. 2681-100]]
Broadcasting Act of 1994, including the purchase, rent, construction,
and improvement of facilities for radio and television transmission and
reception, and purchase and installation of necessary equipment for
radio and television transmission and reception, $22,095,000, to remain
available until expended.
For the purchase, rent, construction, and improvement of facilities
for radio transmission and reception, and purchase and installation of
necessary equipment for radio and television transmission and reception
as authorized by section 801 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1471), $13,245,000, to
remain available until expended, as authorized by section 704(a) of such
Act of 1948 (22 U.S.C. 1477b(a)).
To enable the Director of the United States Information Agency 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.
To enable the Director of the United States Information Agency 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 United States Information Agency to the
National Endowment for Democracy as authorized by the National Endowment
for Democracy Act, $31,000,000, to remain available until expended.
General Provisions--Department of State and Related Agencies
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 United States Information Agency in this Act
may be transferred between such
[[Page 112 STAT. 2681-101]]
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by any
such transfers: Provided further, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
Sec. 403. (a) An employee who regularly commutes from his or her
place of residence in the continental United States to an official duty
station in Canada or Mexico shall receive a border equalization
adjustment equal to the amount of comparability payments under section
5304 of title 5, United States Code, that he or she would receive if
assigned to an official duty station within the United States locality
pay area closest to the employee's official duty station.
(b) For purposes of this section, the term ``employee'' shall mean a
person who--
(1) is an ``employee'' as defined under section 2105 of
title 5, United States Code; and
(2) is employed by the United States Department of State,
the United States Information Agency, the United States Agency
for International Development, or the International Joint
Commission, except that the term shall not include members of
the Foreign Service as defined by section 103 of the Foreign
Service Act of 1980 (Public Law 96-465), section 3903 of title
22, United States Code.
(c) An equalization adjustment payable under this section shall be
considered basic pay for the same purposes as are comparability payments
under section 5304 of title 5, United States Code, and its implementing
regulations.
(d) The agencies referenced in subsection (c)(2) are authorized to
promulgate regulations to carry out the purposes of this section.
Sec. 404. (a) Section 6(4) of the Japan-United States Friendship Act
(22 U.S.C. 2905(4)) is amended by striking ``needed, except'' and all
that follows through ``United States'' and inserting ``needed''.
(b) The second sentence of section 7(b) of the Japan-United States
Friendship Act (22 U.S.C. 2906(b)) is amended to read as follows: ``Such
investment may be made only in interest-bearing obligations of the
United States, in obligations guaranteed as to both principal and
interest by the United States, in interest-bearing obligations of Japan,
or in obligations guaranteed as to both principal and interest by
Japan.''.
Sec. 405. The Director of the United States Information Agency is
authorized to administer summer travel and work programs without regard
to preplacement requirements.
Sec. 406. Section 12 of the International Organizations Immunities
Act (22 U.S.C. 288f-2) is amended by inserting ``and the United Nations
Industrial Development Organization'' after ``International Labor
Organization''.
Sec. 407. (a) Section 5545a of title 5, United States Code, is
amended by adding at the end the following:
``(k)(1) For purposes of this section, the term `criminal
investigator' includes a special agent occupying a position under title
II of Public Law 99-399 if such special agent--
``(A) meets the definition of such term under paragraph (2)
of subsection (a) (applied disregarding the parenthetical matter
before subparagraph (A) thereof); and
[[Page 112 STAT. 2681-102]]
``(B) such special agent satisfies the requirements of
subsection (d) without taking into account any hours described
in paragraph (2)(B) thereof.
``(2) In applying subsection (h) with respect to a special agent
under this subsection--
``(A) any reference in such subsection to `basic pay' shall
be considered to include amounts designated as `salary';
``(B) paragraph (2)(A) of such subsection shall be
considered to include (in addition to the provisions of law
specified therein) sections 609(b)(1), 805, 806, and 856 of the
Foreign Service Act of 1980; and
``(C) paragraph (2)(B) of such subsection shall be applied
by substituting for `Office of Personnel Management' the
following: `Office of Personnel Management or the Secretary of
State (to the extent that matters exclusively within the
jurisdiction of the Secretary are concerned)'.''.
(b) Not later than the date on which the amendments made by this
section take effect, each special agent of the Diplomatic Security
Service who satisfies the requirements of subsection (k)(1) of section
5545a of title 5, United States Code, as amended by this section, and
the appropriate supervisory officer, to be designated by the Secretary
of State, shall make an initial certification to the Secretary of State
that the special agent is expected to meet the requirements of
subsection (d) of such section 5545a. The Secretary of State may
prescribe procedures necessary to administer this subsection.
(c)(1) Paragraph (2) of section 5545a(a) of title 5, United States
Code, is amended (in the matter before subparagraph (A)) by striking
``Public Law 99-399)'' and inserting ``Public Law 99-399, subject to
subsection (k))''.
(2) Section 5542(e) of such title is amended by striking ``title 18,
United States Code,'' and inserting ``title 18 or section 37(a)(3) of
the State Department Basic Authorities Act of 1956,''.
<> (d) The amendments made
by this section shall take effect on the first day of the first
applicable pay period--
(1) which begins on or after the 90th day following the date
of the enactment of this Act; and
(2) on which date all regulations necessary to carry out
such amendments are (in the judgment of the Director of the
Office of Personnel Management and the Secretary of State) in
effect.
Sec. 408. None of the funds made available in this Act may be used
by the Department of State or the United States Information Agency to
provide equipment, technical support, consulting services, or any other
form of assistance to the Palestinian Broadcasting Corporation.
Sec. <> 409. During the current fiscal year
and hereafter, the Secretary of State shall have discretionary authority
to pay tort claims in the manner authorized by section 2672 of title 28,
United States Code, when such claims arise in foreign countries in
connection with the overseas operations of the Department of State.
Sec. 410. (a)(1)(A) Notwithstanding any other provision of law and
subject to subparagraph (B), the Secretary of State and the Attorney
General shall impose, for the processing of any application for the
issuance of a machine readable combined border crossing card and
nonimmigrant visa under section 101(a)(15)(B) of the Immigration and
Nationality Act, a fee of $13 (for recovery of
[[Page 112 STAT. 2681-103]]
the costs of manufacturing the combined card and visa) in the case of
any alien under 15 years of age where the application for the machine
readable combined border crossing card and nonimmigrant visa is made in
Mexico by a citizen of Mexico who has at least one parent or guardian
who has a visa under such section or is applying for a machine readable
combined border crossing card and nonimmigrant visa under such section
as well.
(B) The Secretary of State and the Attorney General may not commence
implementation of the requirement in subparagraph (A) until the later
of--
(i) the date that is 6 months after the date of enactment of
this Act; or
(ii) the date on which the Secretary sets the amount of the
fee or surcharge in accordance with paragraph (3).
(2)(A) Except as provided in subparagraph (B), if the fee for a
machine readable combined border crossing card and nonimmigrant visa
issued under section 101(a)(15)(B) of the Immigration and Nationality
Act has been reduced under paragraph (1) for a child under 15 years of
age, the machine readable combined border crossing card and nonimmigrant
visa shall be issued to expire on the earlier of--
(i) the date on which the child attains the age of 15; or
(ii) ten years after its date of issue.
(B) At the request of the parent or guardian of any alien under 15
years of age otherwise covered by subparagraph (A), the Secretary of
State and the Attorney General may charge the non-reduced fee for the
processing of an application for the issuance of a machine readable
combined border crossing card and nonimmigrant visa under section
101(a)(15)(B) of the Immigration and Nationality Act provided that the
machine readable combined border crossing card and nonimmigrant visa is
issued to expire as of the same date as is usually provided for visas
issued under that section.
(3) Notwithstanding any other provision of law, the Secretary of
State shall set the amount of the fee or surcharge authorized pursuant
to section 140(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236; 8 U.S.C. 1351 note) for the
processing of machine readable nonimmigrant visas and machine readable
combined border crossing cards and nonimmigrant visas at a level that
will ensure the full recovery by the Department of State of the costs of
processing such machine readable nonimmigrant visas and machine readable
combined border crossing cards and nonimmigrant visas, including the
costs of processing the machine readable combined border crossing cards
and nonimmigrant visas for which the fee is reduced pursuant to this
subsection.
(b) The Secretary of State shall continue, until the date that is 5
years after the date of the enactment of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note et seq.),
to process applications for visas under section 101(a)(15)(B) of the
Immigration and Nationality Act at the following cities in Mexico
located near the international border with the United States: Nogales,
Nuevo Laredo, Ciudad Acuna, Piedras Negras, Agua Prieta, and Reynosa.
[[Page 112 STAT. 2681-104]]
(c) Section 104(b)(2) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is amended by
striking ``3 years'' and inserting ``5 years''.
Sec. 411. Funds appropriated by this Act for the United States
Information Agency, the Arms Control and Disarmament Agency, and the
Department of State may be obligated and expended notwithstanding
section 701 of the United States Information and Educational Exchange
Act of 1948 and section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, section 53 of the Arms Control and
Disarmament Act, and section 15 of the State Department Basic
Authorities Act of 1956.
This title may be cited as the ``Department of State and Related
Agencies Appropriations Act, 1999''.
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,
$89,650,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $69,303,000.
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 $3,725,000, 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
[[Page 112 STAT. 2681-105]]
Act, 1936, or otherwise, in excess of the appropriations and limitations
contained in this Act or in any prior appropriation Act, and all
receipts which otherwise would be deposited to the credit of said fund
shall be covered into the Treasury as miscellaneous receipts.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For expenses for the Commission for the Preservation of America's
Heritage Abroad, $265,000, as authorized by section 1303 of Public Law
99-83.
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $8,900,000: Provided, That not to
exceed $50,000 may be used to employ consultants: Provided further, That
none of the funds appropriated in this paragraph shall be used to employ
in excess of 4 full-time individuals under Schedule C of the Excepted
Service exclusive of 1 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.
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, $1,170,000, to remain
available until expended as authorized by section 3 of Public Law 99-7.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
as amended (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991, including
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to
private citizens; and not to exceed $29,000,000 for payments to State
and local enforcement agencies for services to the Commission pursuant
to title VII of the Civil Rights Act of 1964, as amended, sections 6 and
14 of the Age Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
$279,000,000: Provided, That the Commission is authorized to make
available for official reception and representation expenses not to
exceed $2,500 from available funds.
[[Page 112 STAT. 2681-106]]
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-02; not to exceed $600,000 for land and
structure; not to exceed $500,000 for improvement and care of grounds
and repair to buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed 16) and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $192,000,000, of which not to exceed $300,000 shall remain
available until September 30, 2000, for research and policy studies:
Provided, That $172,523,000 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
1999 so as to result in a final fiscal year 1999 appropriation estimated
at $19,477,000: Provided further, That any offsetting collections
received in excess of $172,523,000 in fiscal year 1999 shall remain
available until expended, but shall not be available for obligation
until October 1, 1999.
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.
5901-02, $14,150,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $86,679,000: Provided, That not to exceed
$300,000 shall be available for use to contract with a person or persons
for collection services in accordance with the terms of 31 U.S.C. 3718,
as amended: Provided further, That, notwithstanding any other provision
of law, not to exceed $76,500,000 of offsetting collections derived from
fees collected for premerger notification filings under the Hart-Scott-
Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be
retained and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That the sum
herein appropriated from the General Fund shall be reduced as such
[[Page 112 STAT. 2681-107]]
offsetting collections are received during fiscal year 1999, so as to
result in a final fiscal year 1999 appropriation from the General Fund
estimated at not more than $10,179,000, 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
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, as amended,
$300,000,000, of which $289,000,000 is for basic field programs and
required independent audits; $2,015,000 is for the Office of Inspector
General, of which such amounts as may be necessary may be used to
conduct additional audits of recipients; and $8,985,000 is for
management and administration.
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 1998 and 1999, 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, $1,240,000.
Commission on Ocean Policy
For necessary expenses of the Commission on Ocean Policy,
$3,500,000, to remain available until expended: Provided, That the funds
provided in this Act for the Commission on Ocean Policy shall become
available only upon the enactment of authorizing legislation.
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
[[Page 112 STAT. 2681-108]]
reception and representation expenses, $23,000,000; and, in addition, to
remain available until expended, from fees collected in fiscal year
1998, $87,000,000, and from fees collected in fiscal year 1999,
$214,000,000; of which not to exceed $10,000 may be used toward funding
a permanent secretariat for the International Organization of Securities
Commissions; and of which not to exceed $100,000 shall be available for
expenses for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of their
delegations, appropriate representatives and staff to exchange views
concerning developments relating to securities matters, development and
implementation of cooperation agreements concerning securities matters
and provision of technical assistance for the development of foreign
securities markets, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and foreign
invitees in attendance at such consultations and meetings including: (1)
such incidental expenses as meals taken in the course of such
attendance; (2) any travel and transportation to or from such meetings;
and (3) any other related lodging or subsistence: Provided, That fees
and charges authorized by sections 6(b)(4) of the Securities Act of 1933
(15 U.S.C. 77f(b)(4)) and 31(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78ee(d)) shall be credited to this account as offsetting
collections.
Small Business Administration
For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 103-403, 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, $288,300,000, of which: $3,500,000 shall be available for a
grant to the NTTC at Wheeling Jesuit University to continue the outreach
program to assist small business development; $4,000,000 shall be
available for a grant for Western Carolina University to develop a
facility to assist in small business and rural economic development;
$2,000,000 shall be available for a grant for the City of Hazard,
Kentucky for a Center for Rural Law Enforcement Technology and Training;
$1,500,000 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; $1,500,000 shall be
available for a grant for Pikeville College for a telemedicine learning
and resource center; $1,000,000 shall be available for a grant for the
Center for Excellence in Marine Science Education at Southampton
College; $1,000,000 shall be for a grant to King's College in Wilkes-
Barre, Pennsylvania, for the commercialization of pulverization
technologies; $850,000 shall be available for a grant for the Carbondale
Technology Transfer Center in Lackawanna County, Pennsylvania;
$1,000,000 shall be available for a grant for the Institute for Software
Research in Fairmont, West Virginia, for Institute operations and to
further develop their capability to perform basic and applied research
aimed at software engineering, biometrics, image processing and
networks; $500,000 shall be available for a grant for the Altoona
Science and Technology Research Academy in Altoona, Pennsylvania;
$200,000 shall be available for a grant to the City of Prestonburg,
Kentucky for a regional
[[Page 112 STAT. 2681-109]]
arts and tourism center; $300,000 shall be available for a grant for the
City of Parkersburg, West Virginia for infrastructure improvements,
facility upgrades, and property acquisition associated with community
non-profit service and enrichment projects; $200,000 shall be available
for a grant for the Vandalia Heritage Foundation to fulfill its charter
purposes; $1,000,000 shall be available for a grant for the Moundsville
Economic Development Council to work in conjunction with the Office of
Law Enforcement Technology Commercialization for the establishment of
the National Corrections and Law Enforcement Training and Technology
Center, and for infrastructure improvements associated with this
initiative; and $250,000 shall be available for a grant for the
Johnstown Area Regional Industries Defense Procurement Center to
establish a Year 2000 challenge grant program to assist small businesses
that rely heavily on the Federal Government's acquisition system for
their livelihood, and help provide a solution to the Year 2000 computer
problem: Provided, That the Administrator is authorized to charge fees
to cover the cost of publications developed by the Small Business
Administration, and certain loan servicing activities: Provided further,
That, notwithstanding 31 U.S.C. 3302, revenues received from all such
activities shall be credited to this account, to be available for
carrying out these purposes without further appropriations: Provided
further, That $82,000,000 shall be available to fund grants for
performance in fiscal year 1999 or fiscal year 2000 as authorized by
section 21 of the Small Business Act, as amended.
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.), $10,800,000.
business loans program account
For the cost of direct loans, $2,200,000, to be available until
expended; and for the cost of guaranteed loans, $128,030,000, as
authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain
available until September 30, 2000: 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
of the funds previously made available under Public Law 105-135, section
507(g), for the Delta Loan program, up to $20,000,000 may be transferred
to and merged with the appropriations for salaries and expenses:
Provided further, That during fiscal year 1999, 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(d)(1)(B)(ii) of the Small Business Act, as amended: Provided
further, That during fiscal year 1999, commitments for general business
loans authorized under section 7(a) of the Small Business Act, as
amended, shall not exceed $10,000,000,000 without prior notification of
the Committees on Appropriations of the House of Representatives and
Senate in accordance with section 605 of this Act.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $94,000,000, which may be
[[Page 112 STAT. 2681-110]]
transferred to and merged with the appropriations for Salaries and
Expenses.
disaster loans program account
For the cost of direct loans authorized by section 7(b) of the Small
Business Act, as amended, $76,329,000, 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, $116,000,000, which may be transferred to and merged with
appropriations for Salaries and Expenses, including $500,000 for the
Office of Inspector General of the Small Business Administration for
audits and reviews of disaster loans and the disaster loan program, and
said sums shall be transferred to and merged with appropriations for the
Office of Inspector General.
For additional capital for the ``Surety Bond Guarantees Revolving
Fund'', authorized by the Small Business Investment Act, as amended,
$3,300,000, to remain available without fiscal year limitation as
authorized by 15 U.S.C. 631 note.
Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Small Business Administration in this Act
may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 605 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
State Justice Institute
For necessary expenses of the State Justice Institute, as authorized
by the State Justice Institute Authorization Act of 1992 (Public Law
102-572 (106 Stat. 4515-4516)), $6,850,000, to remain available until
expended: Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
TITLE VI--GENERAL PROVISIONS
Sec. 601. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 602. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available
[[Page 112 STAT. 2681-111]]
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 1999,
or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure through a
reprogramming of funds which: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been denied or
restricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or privatizes any
functions, or activities presently performed by Federal employees;
unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 1999, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or 10 percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding for
any existing program, project, or activity, or numbers of personnel by
10 percent as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Appropriations Committees of both Houses of Congress are
notified 15 days in advance of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may be used
for the construction, repair (other than emergency repair), overhaul,
conversion, or modernization of vessels for the National Oceanic and
Atmospheric Administration in shipyards located outside of the United
States.
Sec. 607. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any
[[Page 112 STAT. 2681-112]]
inscription with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, the person
shall be ineligible to receive any contract or subcontract made with
funds made available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400 through 9.409
of title 48, Code of Federal Regulations.
Sec. 608. None of the funds made available in this Act may be used
to implement, administer, or enforce any guidelines of the Equal
Employment Opportunity Commission covering harassment based on religion,
when it is made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ in any
respect from the proposed guidelines published by the Commission on
October 1, 1993 (58 Fed. Reg. 51266).
Sec. 609. None of the funds appropriated or otherwise made available
by this Act may be obligated or expended to pay for any cost incurred
for: (1) opening or operating any United States diplomatic or consular
post in the Socialist Republic of Vietnam that was not operating on July
11, 1995; (2) expanding any United States diplomatic or consular post in
the Socialist Republic of Vietnam that was operating on July 11, 1995;
or (3) increasing the total number of personnel assigned to United
States diplomatic or consular posts in the Socialist Republic of Vietnam
above the levels existing on July 11, 1995; unless the President
certifies within 60 days the following:
(A) Based upon all information available to the United
States Government, the Government of the Socialist Republic of
Vietnam is fully cooperating in good faith with the United
States in the following:
(i) Resolving discrepancy cases, live sightings, and
field activities.
(ii) Recovering and repatriating American remains.
(iii) Accelerating efforts to provide documents that
will help lead to fullest possible accounting of
prisoners of war and missing in action.
(iv) Providing further assistance in implementing
trilateral investigations with Laos.
(B) The remains, artifacts, eyewitness accounts, archival
material, and other evidence associated with prisoners of war
and missing in action recovered from crash sites, military
actions, and other locations in Southeast Asia are being
thoroughly analyzed by the appropriate laboratories with the
intent of providing surviving relatives with scientifically
defensible, legal determinations of death or other
accountability that are fully documented and available in
unclassified and unredacted form to immediate family members.
Sec. 610. None of the funds made available by this Act may be used
for any United Nations undertaking when it is made known to the Federal
official having authority to obligate or expend such funds: (1) that the
United Nations undertaking is a peacekeeping mission; (2) that such
undertaking will involve United States Armed Forces under the command or
operational control of a foreign national; and (3) that the President's
military advisors have not submitted to the President a recommendation
that such involvement is in the national security interests of the
United States and the President has not submitted to the Congress such a
recommendation.
[[Page 112 STAT. 2681-113]]
Sec. 611. 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. 612. None of the funds made available in title II for the
National Oceanic and Atmospheric Administration (NOAA) under the
headings ``Operations, Research, and Facilities'' and ``Procurement,
Acquisition and Construction'' may be used to implement sections 603,
604, and 605 of Public Law 102-567: Provided, That NOAA may develop a
modernization plan for its fisheries research vessels that takes fully
into account opportunities for contracting for fisheries surveys.
Sec. 613. Any costs incurred by a department or agency funded under
this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total
budgetary resources available to such department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
Sec. 614. 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. 615. Of the funds appropriated in this Act under the heading
``Office of Justice Programs--State and Local Law Enforcement
Assistance'', not more than 90 percent of the amount to be awarded to an
entity under the Local Law Enforcement Block Grant shall be made
available to such an entity when it is made known to the Federal
official having authority to obligate or expend such funds that the
entity that employs a public safety officer (as such term is defined in
section 1204 of title I of the Omnibus Crime Control and Safe Streets
Act of 1968) does not provide such a public safety officer who retires
or is separated from service due to injury suffered as the direct and
proximate result of a personal injury sustained in the line of duty
while responding to an emergency situation or a hot pursuit (as such
terms are defined by State law) with the same or better level of health
[[Page 112 STAT. 2681-114]]
insurance benefits at the time of retirement or separation as they
received while on duty.
Sec. 616. (a) None of the funds appropriated or otherwise made
available in this Act shall be used to issue visas to any person who--
(1) has been credibly alleged to have ordered, carried out,
or materially assisted in the extrajudicial and political
killings of Antoine Izmery, Guy Malary, Father Jean-Marie
Vincent, Pastor Antoine Leroy, Jacques Fleurival, Mireille
Durocher Bertin, Eugene Baillergeau, Michelange Hermann, Max
Mayard, Romulus Dumarsais, Claude Yves Marie, Mario Beaubrun,
Leslie Grimar, Joseph Chilove, Michel Gonzalez, and Jean-Hubert
Feuille;
(2) has been included in the list presented to former
President Jean-Bertrand Aristide by former National Security
Council Advisor Anthony Lake in December 1995, and acted upon by
President Rene Preval;
(3) was sought for an interview by the Federal Bureau of
Investigation as part of its inquiry into the March 28, 1995,
murder of Mireille Durocher Bertin and Eugene Baillergeau, Jr.,
and was credibly alleged to have ordered, carried out, or
materially assisted in those murders, per a June 28, 1995,
letter to the then Minister of Justice of the Government of
Haiti, Jean-Joseph Exume;
(4) was a member of the Haitian High Command during the
period 1991 through 1994, and has been credibly alleged to have
planned, ordered, or participated with members of the Haitian
Armed Forces in--
(A) the September 1991 coup against any person who
was a duly elected government official of Haiti (or a
member of the family of such official), or
(B) the murders of thousands of Haitians during the
period 1991 through 1994; or
(5) has been credibly alleged to have been a member of the
paramilitary organization known as FRAPH who planned, ordered,
or participated in acts of violence against the Haitian people.
(b) Exemption.--Subsection (a) shall not apply if the Secretary of
State finds, on a case-by-case basis, that the entry into the United
States of a person who would otherwise be excluded under this section is
necessary for medical reasons or such person has cooperated fully with
the investigation of these political murders. If the Secretary of State
exempts any such person, the Secretary shall notify the appropriate
congressional committees in writing.
(c) Reporting Requirement.--(1) The United States chief of mission
in Haiti shall provide the Secretary of State a list of those who have
been credibly alleged to have ordered or carried out the extrajudicial
and political killings mentioned in paragraph (1) of subsection (a).
(2) The Secretary of State shall submit the list provided under
paragraph (1) to the appropriate congressional committees not later than
3 months after the date of enactment of this Act.
(3) The Secretary of State shall submit to the appropriate
congressional committees a list of aliens denied visas, and the Attorney
General shall submit to the appropriate congressional committees a list
of aliens refused entry to the United States as a result of this
provision.
[[Page 112 STAT. 2681-115]]
(4) The Secretary of State shall submit a report under this
subsection not later than 6 months after the date of enactment of this
Act and not later than March 1 of each year thereafter as long as the
Government of Haiti has not completed the investigation of the
extrajudicial and political killings and has not prosecuted those
implicated for the killings specified in paragraph (1) of subsection
(a).
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means the Committee on International
Relations and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the Committee
on Appropriations of the Senate.
Sec. 617. (a) None of the funds made available in this Act may be
used to issue or renew a fishing permit or authorization for any fishing
vessel of the United States greater than 165 feet in registered length
or of more than 750 gross registered tons, and that has an engine or
engines capable of producing a total of more than 3,000 shaft
horsepower--
(1) as specified in the permit application required under
part 648.4(a)(5) of title 50, Code of Federal Regulations, part
648.12 of title 50, Code of Federal Regulations, and the
authorization required under part 648.80(d)(2) of title 50, Code
of Federal Regulations, to engage in fishing for Atlantic
mackerel or herring (or both) under the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.); or
(2) that would allow such a vessel to engage in the
catching, taking, or harvesting of fish in any other fishery
within the exclusive economic zone of the United States (except
territories), unless a certificate of documentation had been
issued for the vessel and endorsed with a fishery endorsement
that was effective on September 25, 1997, and such fishery
endorsement was not surrendered at any time thereafter.
(b) Any fishing permit or authorization issued or renewed prior to
the date of the enactment of this Act for a fishing vessel to which the
prohibition in subsection (a)(1) applies that would allow such vessel to
engage in fishing for Atlantic mackerel or herring (or both) during
fiscal year 1999 shall be null and void, and none of the funds made
available in this Act may be used to issue a fishing permit or
authorization that would allow a vessel whose permit or authorization
was made null and void pursuant to this subsection to engage in the
catching, taking, or harvesting of fish in any other fishery within the
exclusive economic zone of the United States.
Sec. 618. None of the funds provided by this Act shall be available
to promote the sale or export of tobacco or tobacco products, or to seek
the reduction or removal by any foreign country of restrictions on the
marketing of tobacco or tobacco products, except for restrictions which
are not applied equally to all tobacco or tobacco products of the same
type.
Sec. 619. None of the funds made available in this Act may be used
to pay the expenses of an election officer appointed by a court to
oversee an election of any officer or trustee for the International
Brotherhood of Teamsters.
Sec. 620. Section 1303 of the International Security and Development
Corporation Act of 1985 (16 U.S.C. 469j) is amended in subsection (e),
by striking ``three'' and inserting ``six''.
[[Page 112 STAT. 2681-116]]
Sec. 621. None of the funds appropriated pursuant to this Act or any
other provision of law may be used for (1) the implementation of any tax
or fee in connection with the implementation of 18 U.S.C. 922(t); (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. 622. Not later than 60 days after the date of enactment of this
Act, the United States Trade Representative (in this section referred to
as the ``Trade Representative'') shall report to Congress on the Trade
Representative's analysis regarding--
(1) whether the Korean Government provided subsidies to
Hanbo Steel;
(2) whether such subsidies had an adverse effect on United
States companies;
(3) the status of the Trade Representative's contacts with
the Korean Government with respect to industry concerns
regarding Hanbo Steel and efforts to eliminate subsidies; and
(4) the status of the Trade Representative's contacts with
other Asian trading partners regarding the adverse effect of
Korean steel subsidies on such trading partners.
(b) The report described in subsection (a) shall also include
information on the status of any investigations initiated as a result of
press reports that the Korean Government ordered Pohang Iron and Steel
Company, in which the Government owns a controlling interest, to sell
steel in Korea at a price that is 30 percent lower than the
international market prices.
Sec. 623. None of the funds made available in this or any other Act
may be used to implement, administer, or enforce Executive Order No.
13083 (titled ``Federalism'' and dated May 14, 1998).
Sec. 624. (a) Section 118 of title 28, United States Code, is
amended--
(1) in subsection (a) by striking ``Philadelphia, and
Schuylkill'' and inserting ``and Philadelphia''; and
(2) in subsection (b) by inserting ``Schuylkill,'' after
``Potter,''.
<> (b)(1) This section and
the amendments made by this section shall take effect 180 days after the
date of the enactment of this Act.
(2) This section and the amendments made by this section shall not
affect any action commenced before the effective date of this section
and pending on such date in the United States District Court for the
Eastern District of Pennsylvania.
(3) This section and the amendments made by this section shall not
affect the composition, or preclude the service, of any grand or petit
jury summoned, impaneled, or actually serving on the effective date of
this section.
Sec. 625. Beginning 60 days from the date of enactment of this Act,
none of the funds appropriated or otherwise made available by this Act
may be made available for the participation by delegates of the United
States to the Standing Consultative Commission unless the President
certifies and so reports to the Committees on Appropriations that the
United States Government is not implementing the Memorandum of
Understanding Relating to the Treaty Between the United States of
America and the Union of Soviet Socialist Republics on the limitation of
Anti-Ballistic Missile
[[Page 112 STAT. 2681-117]]
Systems of May 26, 1972, entered into in New York on September 26, 1997,
by the United States, Russia, Kazakhstan, Belarus, and Ukraine, or until
the Senate provides its advice and consent to the Memorandum of
Understanding.
Sec. 626. (a) Notwithstanding any other provisions of this Act,
appropriations and funds made available and authority granted pursuant
to this Act (the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1999) shall cease to
be available after June 15, 1999.
(b) Appropriations and funds made available by or authority granted
pursuant to the Act referenced in subsection (a) shall be apportioned
under section 1513 of title 31, United States Code, in the manner
established for funds provided by a joint resolution making continuing
appropriations.
(c) Appropriations made and authority granted pursuant to the Act
referenced in subsection (a) shall cover all obligations or expenditures
incurred for any program, project or activity during the period for
which funds or authority for such project or activity are available
under such Act.
(d) Expenditures made during the period for which funds or authority
are available under such Act shall be charged to the full-year amount
provided for the applicable appropriation, fund, or authorization.
TITLE VII--RESCISSIONS
DEPARTMENT OF JUSTICE
General Administration
working capital fund
Of the unobligated balances available under this heading on
September 30, 1998, $99,000,000 are rescinded.
Legal Activities
Of the unobligated balances available under this heading, $2,000,000
are rescinded.
Federal Bureau of Investigation
Of the funds provided in previous Acts, the following funds are
hereby rescinded from the following accounts in the specified amounts:
``Construction, 1998'', $4,000,000;
``Salaries and Expenses, no year'', $6,400,000;
``Violent Crime Reduction Program, 1996'', $2,000,000; and
[[Page 112 STAT. 2681-118]]
``Violent Crime Reduction Program, 1997'', $300,000.
Immigration and Naturalization Service
Of the unobligated balances available under this heading, $5,000,000
are rescinded.
DEPARTMENT OF COMMERCE
Of the funds provided in previous Acts, the following funds are
hereby rescinded from the following accounts in the specified amounts:
``United States Travel and Tourism Administration, no
year'', $915,000; and
``Endowment for Children's Educational TV, no year'',
$1,175,000.
National Institute of Standards and Technology
Of the unobligated balances available under this heading for the
Advanced Technology Program, $6,000,000 are rescinded.
DEPARTMENT OF TRANSPORTATION
Maritime Administration
Of the unobligated balances available under this heading,
$17,000,000 are rescinded.
TITLE VIII
SEC. 801. ETHICAL STANDARDS FOR FEDERAL PROSECUTORS.
(a) In General.--Chapter 31 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 530B. Ethical standards for attorneys for the Government
``(a) An attorney for the Government shall be subject to State laws
and rules, and local Federal court rules, governing attorneys in each
State where such attorney engages in that attorney's duties, to the same
extent and in the same manner as other attorneys in that State.
``(b) The Attorney General shall make and amend rules of the
Department of Justice to assure compliance with this section.
``(c) As used in this section, the term `attorney for the
Government' includes any attorney described in section 77.2(a) of part
[[Page 112 STAT. 2681-119]]
77 of title 28 of the Code of Federal Regulations and also includes any
independent counsel, or employee of such a counsel, appointed under
chapter 40.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 31 of title 28, United States Code, is amended by adding at the
end the following new item:
``530B. Ethical standards for attorneys for the Government.''.
<> (c) Effective Date.--The amendments
made by this section shall take effect 180 days after the date of the
enactment of this Act and shall apply during that portion of fiscal year
1999 that follows that taking effect, and in each succeeding fiscal
year.
<> TITLE IX NATIONAL WHALE CONSERVATION FUND ACT
Sec. 901. Short Title. This title may be cited as the ``National
Whale Conservation Fund Act of 1998''.
Sec. 902. Findings. Congress finds that--
(1) the populations of whales that occur in waters of the
United States are resources of substantial ecological,
scientific, socioeconomic, and esthetic value;
(2) whale populations--
(A) form a significant component of marine
ecosystems;
(B) are the subject of intense research;
(C) provide for a multimillion dollar whale watching
tourist industry that provides the public an opportunity
to enjoy and learn about great whales and the ecosystems
of which the whales are a part; and
(D) are of importance to Native Americans for
cultural and subsistence purposes;
(3) whale populations are in various stages of recovery, and
some whale populations, such as the northern right whale
(Eubaleana glacialis) remain perilously close to extinction;
(4) the interactions that occur between ship traffic,
commercial fishing, whale watching vessels, and other
recreational vessels and whale populations may affect whale
populations adversely;
(5) the exploration and development of oil, gas, and hard
mineral resources, marine debris, chemical pollutants, noise,
and other anthropogenic sources of change in the habitat of
whales may affect whale populations adversely;
(6) the conservation of whale populations is subject to
difficult challenges related to--
(A) the migration of whale populations across
international boundaries;
(B) the size of individual whales, as that size
precludes certain conservation research procedures that
may be used for other animal species, such as captive
research and breeding;
(C) the low reproductive rates of whales that
require long-term conservation programs to ensure
recovery of whale populations; and
(D) the occurrence of whale populations in offshore
waters where undertaking research, monitoring, and
conservation measures is difficult and costly;
(7)(A) the Secretary of Commerce, through the Administrator
of the National Oceanic and Atmospheric Administration,
[[Page 112 STAT. 2681-120]]
has research and regulatory responsibility for the conservation
of whales under the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.); and
(B) the heads of other Federal agencies and the Marine
Mammal Commission established under section 201 of the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1401) have related
research and management activities under the Marine Mammal
Protection Act of 1972 or the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(8) the funding available for the activities described in
paragraph (8) is insufficient to support all necessary whale
conservation and recovery activities; and
(9) there is a need to facilitate the use of funds from non-
Federal sources to carry out the conservation of whales.
Sec. 903. National Whale Conservation Fund. Section 4 of the
National Fish and Wildlife Establishment Act (16 U.S.C. 3703) is amended
by adding at the end the following:
``(f)(1) In carrying out the purposes under section 2(b), the
Foundation may establish a national whale conservation endowment fund,
to be used by the Foundation to support research, management activities,
or educational programs that contribute to the protection, conservation,
or recovery of whale populations in waters of the United States.
``(2)(A) In a manner consistent with subsection (c)(1), the
Foundation may--
``(i) accept, receive, solicit, hold, administer, and use
any gift, devise, or bequest made to the Foundation for the
express purpose of supporting whale conservation; and
``(ii) deposit in the endowment fund under paragraph (1) any
funds made available to the Foundation under this subparagraph,
including any income or interest earned from a gift, devise, or
bequest received by the Foundation under this subparagraph.
``(B) To raise funds to be deposited in the endowment fund under
paragraph (1), the Foundation may enter into appropriate arrangements to
provide for the design, copyright, production, marketing, or licensing,
of logos, seals, decals, stamps, or any other item that the Foundation
determines to be appropriate.
``(C)(i) The Secretary of Commerce may transfer to the Foundation
for deposit in the endowment fund under paragraph (1) any amount (or
portion thereof) received by the Secretary under section 105(a)(1) of
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1375(a)(1)) as a
civil penalty assessed by the Secretary under that section.
``(ii) The Directors of the Board shall ensure that any amounts
transferred to the Foundation under clause (i) for the endowment fund
under paragraph (1) are deposited in that fund in accordance with this
subparagraph.
``(3) It is the intent of Congress that in making expenditures from
the endowment fund under paragraph (1) to carry out activities specified
in that paragraph, the Foundation should give priority to funding
projects that address the conservation of populations of whales that the
Foundation determines--
``(A) are the most endangered (including the northern right
whale (Eubaleana glacialis)); or
[[Page 112 STAT. 2681-121]]
``(B) most warrant, and are most likely to benefit from,
research management, or educational activities that may be
funded with amounts made available from the fund.
``(g) In carrying out any action on the part of the Foundation under
subsection (f), the Directors of the Board shall consult with the
Administrator of the National Oceanic and Atmospheric Administration and
the Marine Mammal Commission.''.
This Act may be cited as the ``Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act, 1999''.
(c) For programs, projects or activities in the District of Columbia
Appropriations Act, 1999, provided as follows, to be effective as if it
had been enacted into law as the regular appropriations Act:
FEDERAL FUNDS
Metrorail Improvements and Expansion
For a Federal contribution to the Washington Metropolitan Area
Transit Authority for improvements and expansion of the Mount Vernon
Square Metrorail station located at the site of the proposed Washington
Convention Center project, $25,000,000, to remain available until
expended.
Federal Payment for Management Reform
For payment to the District of Columbia, $25,000,000, to remain
available until September 30, 1999, which shall be deposited into an
escrow account of the District of Columbia Financial Responsibility and
Management Assistance Authority and shall be disbursed from such escrow
account by the Authority pursuant to the instructions of the Authority
only for a program of management reform pursuant to sections 11101-11106
of the District of Columbia Management Reform Act of 1997, Public Law
105-33.
Federal Payment for Boys Town U.S.A. Operations in the District of
Columbia
For a Federal contribution of $7,100,000 to be paid to the Board of
Trustees of Boys Town U.S.A. for expansion of the operations of Boys
Town of Washington, located at 4801 Sargent Road, Northeast, said funds
to be allocated as follows: $4,700,000 in capital costs for the
construction of one emergency short-term residential center and four
long-term residential homes in the District of Columbia; and $2,400,000
in first-year operating expenses for said facilities: Provided, That
said Board of Trustees shall provide quarterly financial reports during
fiscal year 1999 on the expenditure of said funds 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 and Oversight of the House of Representatives.
[[Page 112 STAT. 2681-122]]
Nation's Capital Infrastructure Fund
For a Federal contribution to the District of Columbia towards the
costs of infrastructure needs, which shall be deposited into an escrow
account of the District of Columbia Financial Responsibility and
Management Assistance Authority and disbursed by the Authority from such
account for the repair and maintenance of public safety facilities in
the District of Columbia, $18,778,000, to remain available until
expended.
Environmental Study and Related Activities at Lorton Correctional
Complex
For a Federal contribution for an environmental study and related
activities at the property on which the Lorton Correctional Complex is
located, to be transferred to the Federal agency with authority over the
Complex, $7,000,000, to remain available until expended.
Federal Payment to the District of Columbia Corrections Trustee
Operations
For payment to the District of Columbia Corrections Trustee,
$184,800,000 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; of which $177,385,000 shall be available for expenses
incurred in connection with the housing, in both private, District of
Columbia and Federal facilities, of the sentenced adult felon population
of the District of Columbia; $4,225,000 shall be available for personnel
initiatives in the District of Columbia Department of Corrections;
$750,000 shall be available for a system of internal controls and audits
within the Department of Corrections; and $2,440,000 shall be available
for administrative expenses: Provided, That, notwithstanding any other
provision of law, and consistent with regulations and guidance governing
the use of Federal funds by grantees, funds appropriated in this Act for
the District of Columbia Corrections Trustee shall be transferred by the
Secretary of the Treasury to said Trustee only as funds are needed to
pay properly incurred obligations.
Federal Payment to the District of Columbia Courts
Notwithstanding any other provision of law, $128,000,000 for payment
to the Joint Committee on Judicial Administration in the District of
Columbia; of which not to exceed $121,000,000 shall be for District of
Columbia Courts operation, to be allocated as follows: for the District
of Columbia Court of Appeals, $7,839,000 and 96 full-time equivalent
(FTE) positions; for the District of Columbia Superior Court,
$72,419,000 and 1,017 FTE's; for the District of Columbia court system,
$40,742,000 and 120 FTE's; and $7,000,000 shall be for capital
improvements for District of Columbia courthouse facilities: Provided,
That of amounts available for District of Columbia Courts operation, not
to exceed $6,900,000 shall be for the Counsel for Child Abuse and
Neglect program pursuant to section 1101 of title 11, D.C. Code, and
section 2304 of title 16, D.C. Code, and of which not to exceed
$25,036,000
[[Page 112 STAT. 2681-123]]
shall be to carry out sections 2602 and 2604 of title 11, D.C. Code,
relating to representation of indigents in criminal cases under the
Criminal Justice Act, in total, $31,936,000: Provided further, That
subject to normal reprogramming requirements contained in section 116 of
this Act, this $31,936,000 may be used for other purposes under this
heading: Provided further, That all amounts under this heading shall be
paid quarterly by the Treasury of the United States based on quarterly
apportionments approved by the Office of Management and Budget, with
payroll and financial services to be provided on a contractual basis
with the General Services Administration [GSA], said services to include
the preparation of monthly financial reports, copies of which shall be
submitted directly by GSA to the President and to the Committees on
Appropriations of the Senate and House of Representatives, the Committee
on Governmental Affairs of the Senate, and the Committee on Government
Reform and Oversight of the House of Representatives.
Federal Payment to the District of Columbia Offender Supervision,
Defender, and Court Services Agency
For payment to the District of Columbia Offender Supervision,
Defender, and Court Services Agency, $59,400,000, as authorized by the
National Capital Revitalization and Self-Government Improvement Act of
1997, Public Law 105-33; of which $33,802,000 shall be for necessary
expenses of Parole Revocation, Adult Probation and Offender Supervision,
to include expenses relating to supervision of adults subject to
protection orders or provision of services for or related to such
persons; $14,486,000 shall be available to the Public Defender Service;
and $11,112,000 shall be available to the Pretrial Services Agency:
Provided, That, notwithstanding any other provision of law, and
consistent with regulations and guidance governing the use of Federal
funds by grantees, funds appropriated in this Act for the District of
Columbia Offender Trustee shall be transferred by the Secretary of the
Treasury to said Trustee only as funds are needed to pay properly
incurred obligations.
Federal Payment for Metropolitan Police Department
For payment to the Metropolitan Police Department, $1,200,000, for
the administration and operating costs of the Citizen Complaint Review
Office.
Federal Payment for Fire Department
For payment to the Fire Department, $3,240,000, for a 5.5 percent
pay increase to be effective and paid to firefighters beginning October
1, 1998.
Federal Payment to the Georgetown Waterfront Park Fund
For payment to the Georgetown Waterfront Park Fund, $1,000,000 for
the construction and landscaping of Georgetown Waterfront Park, property
described on the District of Columbia Surveyor's Plat Number S.O. 84-
230: Provided, That the Georgetown Waterfront Park Fund provide an
amount equal to one dollar
[[Page 112 STAT. 2681-124]]
for every dollar expended, in cash or in kind, to carry out the
activities supported by the grant.
Federal Payment to Historical Society for City Museum
For a Federal payment to the Historical Society of Washington, D.C.,
for the establishment and operation of a Museum of the City of
Washington, D.C. at the Carnegie Library at Mount Vernon Square,
$2,000,000, to remain available until expended, to be deposited in a
separate account of the Society used exclusively for the establishment
and operation of such Museum: Provided, That the Secretary of the
Treasury shall make such payment in quarterly installments, and the
amount of the installment for a quarter shall be equal to the amount of
matching funds that the Society has deposited into such account for the
quarter (as certified by the Inspector General of the District of
Columbia): Provided further, That notwithstanding any other provision of
law, not later than January 1, 1999, the District of Columbia shall
enter into an agreement with the Society under which the District of
Columbia shall lease the Carnegie Library at Mount Vernon Square to the
Society beginning on such date for 99 years at a rent of $1 per year for
use as a city museum.
Federal Payment for a National Museum of American Music and for Downtown
Revitalization
For a Federal contribution to the District of Columbia to establish
a National Museum of American Music and for downtown revitalization,
$700,000 which shall be deposited into an escrow account held by the
District of Columbia Financial Responsibility and Management Assistance
Authority, to remain available until expended: Provided, That $300,000
shall be available from this appropriation for the Federal City Council
to conduct a needs and design study for a National Museum of American
Music: Provided further, That $300,000 shall be available from this
appropriation for the Washington Center Alliance to further and promote
the objectives of the Interactive Downtown Task Force: Provided further,
That $100,000 shall be paid to Save New York Avenue, Inc., for the
further improvement of that portion of New York Avenue designated as the
Capital Gateway Corridor.
United States Park Police
For a Federal payment to the United States Park Police, $8,500,000,
to acquire, modify and operate a helicopter and to make necessary
capital expenditures to the Park Police aviation unit base: Provided,
That the Chief of the United States Park Police shall provide quarterly
financial reports during fiscal year 1999 on the expenditure of said
funds 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 and Oversight of the House of
Representatives.
Federal Payment for Waterfront Improvements
For a Federal payment to the District of Columbia Department of
Housing and Community Development for a study in consultation
[[Page 112 STAT. 2681-125]]
with the United States Army Corps of Engineers of necessary 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, and for carrying out the improvements
recommended by the study, $3,000,000: Provided, That no portion of such
funds shall be available to the District of Columbia unless the District
of Columbia executes a 30-year lease with the existing lessees, or with
their successors in interest, of such portions of property not later
than 30 days after the existing lessees or their successors in interest
have submitted to the District of Columbia acceptable plans for
improvements and private financing: Provided further, That the District
of Columbia shall report its progress on this project on a quarterly
basis to the Committees on Appropriations of the House of
Representatives and the Senate.
Federal Payment for Mentoring Services
For a Federal payment to the International Youth Service and
Development Corps, Inc. for a mentoring program for at-risk children in
the District of Columbia, $200,000: Provided, That the International
Youth Service and Development Corps, Inc. shall submit to the Committees
on Appropriations of the House of Representatives and the Senate an
annual report due November 30, 1999, on the activities carried out with
such funds.
Federal Payment for Hotline Services
For a Federal payment to the International Youth Service and
Development Corps, Inc. for the operation of a resource hotline for low-
income individuals in the District of Columbia, $50,000: Provided, That
the International Youth Service and Development Corps, Inc. shall submit
to the Committees on Appropriations of the House of Representatives and
the Senate an annual report due November 30, 1999, on the activities
carried out with such funds.
Federal Payment for Public Education
For a Federal contribution to the public education system for public
charter schools, $15,622,000.
Federal Payment for Medicare Coordinated Care Demonstration Project in
the District of Columbia
For payment to the District of Columbia Financial Responsibility and
Management Assistance Authority, $3,000,000 for the continued funding of
a Medicare Coordinated Care Demonstration Project in the District of
Columbia as specified in section 4016(b)(2)(C) of the Balanced Budget
Act of 1997.
Federal Payment for Children's National Medical Center
For a Federal contribution to the Children's National Medical Center
in the District of Columbia, $1,000,000 for construction,
[[Page 112 STAT. 2681-126]]
renovation, and information technology infrastructure costs associated
with establishing community pediatric health clinics for high risk
children in medically underserved areas of the District of Columbia.
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, $164,144,000 (including
$136,485,000 from local funds, $13,955,000 from Federal funds, and
$13,704,000 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 Chief Management Officer shall be available
from this appropriation for official purposes: Provided further, That
any program fees collected from the issuance of debt shall be available
for the payment of expenses of the debt management program of the
District of Columbia: Provided further, That no revenues from Federal
sources shall be used to support the operations or activities of the
Statehood Commission and Statehood Compact Commission: Provided further,
That the District of Columbia shall identify the sources of funding for
Admission to Statehood from its own locally-generated revenues: Provided
further, That all employees permanently assigned to work in the Office
of the Mayor shall be paid from funds allocated to the Office of the
Mayor.
Economic Development and Regulation
Economic development and regulation, $159,039,000 (including
$45,162,000 from local funds, $83,365,000 from Federal funds, and
$30,512,000 from other funds), of which $12,000,000 collected by the
District of Columbia in the form of BID tax revenue shall be paid to the
respective BIDs pursuant to the Business Improvement Districts Act of
1996 (D.C. Law 11-134; D.C. Code, sec. 1-2271 et seq.), and the Business
Improvement Districts Temporary Amendment Act of 1997 (D.C. Law 12-23):
Provided, That such funds are available for acquiring services provided
by the General Services Administration: Provided further, That Business
Improvement Districts shall be exempt from taxes levied by the District
of Columbia.
Public Safety and Justice
Public safety and justice, including purchase or lease of 135
passenger-carrying vehicles for replacement only, including 130 for
police-type use and five for fire-type use, without regard to the
general purchase price limitation for the current fiscal year,
$755,786,000 (including $530,945,000 from local funds, $30,327,000 from
Federal funds, and $194,514,000 from other funds): Provided,
[[Page 112 STAT. 2681-127]]
That the Metropolitan Police Department is authorized to replace not to
exceed 25 passenger-carrying vehicles and the Department of Fire and
Emergency Medical Services of the District of Columbia is authorized to
replace not to exceed five passenger-carrying vehicles annually whenever
the cost of repair to any damaged vehicle exceeds three-fourths of the
cost of the replacement: Provided further, That not to exceed $500,000
shall be available from this appropriation for the Chief of Police for
the prevention and detection of crime: Provided further, That the
Metropolitan Police Department shall provide quarterly reports to the
Committees on Appropriations of the House and Senate on efforts to
increase efficiency and improve the professionalism in the department:
Provided further, That notwithstanding any other provision of law, or
Mayor's Order 86-45, issued March 18, 1986, the Metropolitan Police
Department's delegated small purchase authority shall be $500,000:
Provided further, That the District of Columbia government may not
require the Metropolitan Police Department to submit to any other
procurement review process, or to obtain the approval of or be
restricted in any manner by any official or employee of the District of
Columbia government, for purchases that do not exceed $500,000: Provided
further, That the Mayor shall reimburse the District of Columbia
National Guard for expenses incurred in connection with services that
are performed in emergencies by the National Guard in a militia status
and are requested by the Mayor, in amounts that shall be jointly
determined and certified as due and payable for these services by the
Mayor and the Commanding General of the District of Columbia National
Guard: Provided further, That such sums as may be necessary for
reimbursement to the District of Columbia National Guard under the
preceding proviso shall be available from this appropriation, and the
availability of the sums shall be deemed as constituting payment in
advance for emergency services involved: Provided further, That the
Metropolitan Police Department is authorized to maintain 3,800 sworn
officers, with leave for a 50 officer attrition: Provided further, That
no more than 15 members of the Metropolitan Police Department shall be
detailed or assigned to the Executive Protection Unit, until the Chief
of Police submits a recommendation to the Council for its review:
Provided further, That $100,000 shall be available for inmates released
on medical and geriatric parole: Provided further, That commencing on
December 31, 1998, the Metropolitan Police Department shall provide to
the Committees on Appropriations of the Senate and House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform and Oversight of the House of
Representatives, quarterly reports on the status of crime reduction in
each of the 83 police service areas established throughout the District
of Columbia: Provided further, That funds appropriated for expenses
under the District of Columbia Criminal Justice Act, approved September
3, 1974 (88 Stat. 1090; Public Law 93-412; D.C. Code, sec. 11-2601 et
seq.), for the fiscal year ending September 30, 1999, shall be available
for obligations incurred under the Act in each fiscal year since
inception in the fiscal year 1975: Provided further, That funds
appropriated for expenses under the District of Columbia Neglect
Representation Equity Act of 1984, effective March 13, 1985 (D.C. Law 5-
129; D.C. Code, sec. 16-2304), for the fiscal year ending September 30,
1999, shall be available for obligations incurred under the Act in each
fiscal year
[[Page 112 STAT. 2681-128]]
since inception in the fiscal year 1985: Provided further, That funds
appropriated for expenses under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of 1986,
effective February 27, 1987 (D.C. Law 6-204; D.C. Code, sec. 21-2060),
for the fiscal year ending September 30, 1999, shall be available for
obligations incurred under the Act in each fiscal year since inception
in fiscal year 1989.
Public Education System
Public education system, including the development of national
defense education programs, $788,956,000 (including $640,135,000 from
local funds, $125,869,000 from Federal funds, and $22,952,000 from other
funds), to be allocated as follows: $644,805,000 (including $545,000,000
from local funds, $95,121,000 from Federal funds, and $4,684,000 from
other funds), for the public schools of the District of Columbia;
$18,600,000 from local funds for the District of Columbia Teachers'
Retirement Fund; $27,857,000 (including $12,235,000 from local funds and
$15,622,000 from Federal funds not including funds already made
available for District of Columbia public schools) 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:
Provided further, That the Emergency Transitional Education Board of
Trustees shall report to Congress not later than February 1, 1999, on
the implementation of their policy to give preference to newly created
District of Columbia public charter schools for surplus public school
property; $72,088,000 (including $40,148,000 from local funds,
$14,079,000 from Federal funds, and $17,861,000 from other funds) for
the University of the District of Columbia; $23,419,000 (including
$22,326,000 from local funds, $686,000 from Federal funds, and $407,000
from other funds) for the Public Library; $2,187,000 (including
$1,826,000 from local funds and $361,000 from Federal funds) for the
Commission on the Arts and Humanities: Provided further, That the public
schools of the District of Columbia are authorized to accept not to
exceed 31 motor vehicles for exclusive use in the driver education
program: Provided further, That not to exceed $2,500 for the
Superintendent of Schools, $2,500 for the President of the University of
the District of Columbia, and $2,000 for the Public Librarian shall be
available from this appropriation for official purposes: Provided
further, That $244,078 shall be used to reimburse the National Capital
Area Council of the Boy Scouts of America for services provided on
behalf of 12,600 students at 39 public schools in the District of
Columbia during fiscal year 1998 (including staff, curriculum, and
support materials): Provided further, That the Inspector General of the
District of Columbia shall certify not later than 30 days after the date
of the enactment of this Act whether or not the services were so
provided: Provided further, That the reimbursement shall be made not
later than 15 days after the Inspector General certifies that the
services were provided: 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,
[[Page 112 STAT. 2681-129]]
administrator, official, or employee who knowingly provides false
enrollment or attendance information under article II, section 5 of the
Act entitled ``An Act to provide for compulsory school attendance, for
the taking of a school census in the District of Columbia, and for other
purposes'', approved February 4, 1925 (D.C. Code, sec. 31-401 et seq.):
Provided further, That this appropriation shall not be available to
subsidize the education of any nonresident of the District of Columbia
at any District of Columbia public elementary or secondary school during
fiscal year 1999 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, 1999, 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.
Human Support Services
Human support services, $1,514,751,000 (including $614,679,000 from
local funds, $886,682,000 from Federal funds, and $13,390,000 from other
funds): Provided, That $21,089,000 of this appropriation, to remain
available until expended, shall be available solely for District of
Columbia employees' disability compensation: Provided further, That a
peer review committee shall be established to review medical payments
and the type of service received by a disability compensation claimant:
Provided further, That the District of Columbia shall not provide free
government services such as water, sewer, solid waste disposal or
collection, utilities, maintenance, repairs, or similar services to any
legally constituted private nonprofit organization, as defined in
section 411(5) of the Stewart B. McKinney Homeless Assistance Act (101
Stat. 485; Public Law 100-77; 42 U.S.C. 11371), providing emergency
shelter services in the District, if the District would not be qualified
to receive reimbursement pursuant to such Act (101 Stat. 485; Public Law
100-77; 42 U.S.C. 11301 et seq.).
Public Works
Public works, including rental of one passenger-carrying vehicle for
use by the Mayor and three passenger-carrying vehicles for use by the
Council of the District of Columbia and leasing of passenger-carrying
vehicles, $266,912,000 (including $257,242,000 from local funds,
$3,216,000 from Federal funds, and $6,454,000 from other funds):
Provided, That this appropriation shall not be available for collecting
ashes or miscellaneous refuse from hotels and places of business.
Washington Convention Center Fund Transfer Payment
For payment to the Washington Convention Center Enterprise Fund,
$5,400,000 from local funds.
[[Page 112 STAT. 2681-130]]
Repayment of Loans and Interest
For reimbursement to the United States of funds loaned in compliance
with the Act entitled ``An Act to provide for the establishment of a
modern, adequate, and efficient hospital center in the District of
Columbia'', approved August 7, 1946 (60 Stat. 896; Public Law 79-648);
section 1 of the Act entitled ``An Act to authorize the Commissioners of
the District of Columbia to borrow funds for capital improvement
programs and to amend provisions of law relating to Federal Government
participation in meeting costs of maintaining the Nation's Capital
City'', approved June 6, 1958 (72 Stat. 183; Public Law 85-451; D.C.
Code, sec. 9-219); section 4 of the Act entitled ``An Act to authorize
the Commissioners of the District of Columbia to plan, construct,
operate, and maintain a sanitary sewer to connect the Dulles
International Airport with the District of Columbia system'', approved
June 12, 1960 (74 Stat. 211; Public Law 86-515); sections 723 and 743(f)
of the District of Columbia Home Rule Act, approved December 24, 1973,
as amended (87 Stat. 821; Public Law 93-198; D.C. Code, sec. 47-321,
note; 91 Stat. 1156; Public Law 95-131; D.C. Code, sec. 9-219, note),
including interest as required thereby, $382,170,000 from local funds.
Repayment of General Fund Recovery Debt
For the purpose of eliminating the $331,589,000 general fund
accumulated deficit as of September 30, 1990, $38,453,000 from local
funds, as authorized by section 461(a) of the District of Columbia Home
Rule Act, approved December 24, 1973, as amended (105 Stat. 540; Public
Law 102-106; D.C. Code, sec. 47-321(a)(1)).
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $11,000,000 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, $7,926,000 from local funds.
Human Resources Development
For human resources development, including costs of increased
employee training, administrative reforms, and an executive compensation
system, $6,674,000 from local funds.
Productivity Savings
The Chief Financial Officer of the District of Columbia shall, under
the direction of the District of Columbia Financial Responsibility and
Management Assistance Authority, make reductions of $10,000,000 in local
funds to one or more of the appropriation headings in this Act for
productivity savings.
[[Page 112 STAT. 2681-131]]
Receivership Programs
For all agencies of the District of Columbia government under court
ordered receivership, $318,979,000 (including $189,154,000 from local
funds, $96,691,000 from Federal funds, and $33,134,000 from other
funds): Provided, That, of the sums made available to the Commission on
Mental Health Services, $5,000,000 shall be available to a 501(c)(3)
nonprofit organization formed in 1991 and located in the District of
Columbia to finance capital improvements to community-based housing
facilities dedicated for use only by seriously and chronically mentally
ill individuals in the District of Columbia.
District of Columbia Financial Responsibility and Management Assistance
Authority
For the District of Columbia Financial Responsibility and Management
Assistance Authority, established by section 101(a) of the District of
Columbia Financial Responsibility and Management Assistance Act of 1995,
approved April 17, 1995 (109 Stat. 97; Public Law 104-8), $7,840,000:
Provided, That none of the funds contained in this Act may be used to
pay any compensation of the Executive Director or General Counsel of the
Authority at a rate in excess of the maximum rate of compensation which
may be paid to such individual during fiscal year 1999 under section 102
of such Act, as determined by the Comptroller General (as described in
GAO letter report B-279095.2).
ENTERPRISE FUNDS
Water and Sewer Authority and the Washington Aqueduct
For the Water and Sewer Authority and the Washington Aqueduct,
$273,314,000 from other funds (including $239,493,000 for the Water and
Sewer Authority and $33,821,000 for the Washington Aqueduct) of which
$39,933,000 shall be apportioned and payable to the District's debt
service fund for repayment of loans and interest incurred for capital
improvement projects.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund, established by
the District of Columbia Appropriation Act for the fiscal year ending
September 30, 1982, approved December 4, 1981 (95 Stat. 1174, 1175;
Public Law 97-91), as amended, for the purpose of implementing the Law
to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for
Charitable Purposes in the District of Columbia, effective March 10,
1981 (D.C. Law 3-172; D.C. Code, secs. 2-2501 et seq. and 22-1516 et
seq.), $225,200,000: Provided, That the District of Columbia shall
identify the source of funding for this appropriation title from the
District's own locally-generated revenues: Provided further, That no
revenues from Federal sources shall be used to support the operations or
activities of the Lottery and Charitable Games Control Board.
[[Page 112 STAT. 2681-132]]
Cable Television Enterprise Fund
For the Cable Television Enterprise Fund, established by the Cable
Television Communications Act of 1981, effective October 22, 1983 (D.C.
Law 5-36; D.C. Code, sec. 43-1801 et seq.), $2,108,000 from local funds.
Public Service Commission
For the Public Service Commission, $5,026,000 (including $252,000
from Federal funds and $4,774,000 from other funds).
Office of the People's Counsel
For the Office of the People's Counsel, $2,501,000 from other funds.
Department of Insurance and Securities Regulation
For the Department of Insurance and Securities Regulation,
$7,001,000 from other funds.
Office of Banking and Financial Institutions
For the Office of Banking and Financial Institutions, $640,000
(including $390,000 from local funds and $250,000 from other funds).
Starplex Fund
For the Starplex Fund, $8,751,000 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'', approved June 4, 1948 (62 Stat. 339;
D.C. Code, sec. 2-301 et seq.) and the District of Columbia Stadium Act
of 1957, approved September 7, 1957 (71 Stat. 619; Public Law 85-300;
D.C. Code, sec. 2-321 et seq.): Provided, That the Mayor shall submit a
budget for the Armory Board for the forthcoming fiscal year as required
by section 442(b) of the District of Columbia Home Rule Act, approved
December 24, 1973 (87 Stat. 824; Public Law 93-198; D.C. Code, sec. 47-
301(b)).
D.C. General Hospital
For the District of Columbia General Hospital, established by
Reorganization Order No. 57 of the Board of Commissioners, effective
August 15, 1953, $113,599,000 of which $46,835,000 shall be derived by
transfer from the general fund and $66,764,000 shall be derived from
other funds.
D.C. Retirement Board
For the D.C. Retirement Board, established by section 121 of the
District of Columbia Retirement Reform Act of 1979, approved November
17, 1979 (93 Stat. 866; D.C. Code, sec. 1-711), $18,202,000 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:
[[Page 112 STAT. 2681-133]]
Provided, That the District of Columbia Retirement Board shall provide
to the Congress and to the Council of the District of Columbia a
quarterly report of the allocations of charges by fund and of
expenditures of all funds: Provided further, That the District of
Columbia Retirement Board shall provide the Mayor, for transmittal to
the Council of the District of Columbia, an itemized accounting of the
planned use of appropriated funds in time for each annual budget
submission and the actual use of such funds in time for each annual
audited financial report.
Correctional Industries Fund
For the Correctional Industries Fund, established by the District of
Columbia Correctional Industries Establishment Act, approved October 3,
1964 (78 Stat. 1000; Public Law 88-622), $3,332,000 from other funds.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund, $53,539,000,
of which $5,400,000 shall be derived by transfer from the general fund.
PERSONNEL
The government of the District of Columbia shall employ no more than
32,900 FTE positions, exclusive of intra-District FTE positions, during
fiscal year 1999.
Capital Outlay
For construction projects, a net increase of $1,711,160,737
(including a rescission of $114,430,742 of which $24,437,811 is from
local funds and $89,992,931 is from highway trust funds appropriated
under this heading in prior fiscal years, and an additional
$1,825,591,479 of which $718,234,161 is from local funds, $24,452,538 is
from the highway trust fund, and $1,082,904,780 is from Federal funds),
to remain available until expended: Provided, That funds for use of each
capital project implementing agency shall be managed and controlled in
accordance with all procedures and limitations established under the
Financial Management System: Provided further, That all funds provided
by this appropriation title shall be available only for the specific
projects and purposes intended: Provided further, That notwithstanding
the foregoing, all authorizations for capital outlay projects, except
those projects covered by the first sentence of section 23(a) of the
Federal-Aid Highway Act of 1968, approved August 23, 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,
2000, except authorizations for projects for which funds have been
obligated in whole or in part prior to September 30, 2000: Provided
further, That upon expiration of any such project authorization the
funds provided herein for the project shall lapse.
[[Page 112 STAT. 2681-134]]
General Provisions
Sec. 101. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 102. Except as otherwise provided in this Act, all vouchers
covering expenditures of appropriations contained in this Act shall be
audited before payment by the designated certifying official, and the
vouchers as approved shall be paid by checks issued by the designated
disbursing official.
Sec. 103. Whenever in this Act, an amount is specified within an
appropriation for particular purposes or objects of expenditure, such
amount, unless otherwise specified, shall be considered as the maximum
amount that may be expended for said purpose or object rather than an
amount set apart exclusively therefor.
Sec. 104. Appropriations in this Act shall be available, when
authorized by the Mayor, for allowances for privately owned automobiles
and motorcycles used for the performance of official duties at rates
established by the Mayor: Provided, That such rates shall not exceed the
maximum prevailing rates for such vehicles as prescribed in the Federal
Property Management Regulations 101-7 (Federal Travel Regulations).
Sec. 105. Appropriations in this Act shall be available for expenses
of travel and for the payment of dues of organizations concerned with
the work of the District of Columbia government, when authorized by the
Mayor: Provided, That, in the case of the Council of the District of
Columbia, funds may be expended with the authorization of the chair of
the Council.
Sec. 106. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of judgments that have been entered against the
District of Columbia government: Provided, That nothing contained in
this section shall be construed as modifying or affecting the provisions
of section 11(c)(3) of title XII of the District of Columbia Income and
Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat. 78; Public
Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
Sec. 107. Appropriations in this Act shall be available for the
payment of public assistance without reference to the requirement of
section 544 of the District of Columbia Public Assistance Act of 1982,
effective April 6, 1982 (D.C. Law 4-101; D.C. Code, sec. 3-205.44), and
for payment of the non-Federal share of funds necessary to qualify for
grants under subtitle A of title II of the Violent Crime Control and Law
Enforcement Act of 1994.
Sec. 108. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 109. No funds appropriated in this Act for the District of
Columbia government for the operation of educational institutions, the
compensation of personnel, or for other educational purposes may be used
to permit, encourage, facilitate, or further partisan political
activities. Nothing herein is intended to prohibit
[[Page 112 STAT. 2681-135]]
the availability of school buildings for the use of any community or
partisan political group during non-school hours.
Sec. 110. None of the funds appropriated in this Act shall be made
available to pay the salary of any employee of the District of Columbia
government whose name, title, grade, salary, past work experience, and
salary history are not available for inspection by the House and Senate
Committees on Appropriations, the Subcommittee on the District of
Columbia of the House Committee on Government Reform and Oversight, the
Subcommittee on Oversight of Government Management, Restructuring and
the District of Columbia of the Senate Committee on Governmental
Affairs, and the Council of the District of Columbia, or their duly
authorized representative.
Sec. 111. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making payments
authorized by the District of Columbia Revenue Recovery Act of 1977,
effective September 23, 1977 (D.C. Law 2-20; D.C. Code, sec. 47-421 et
seq.).
Sec. 112. No part of this appropriation shall be used for publicity
or propaganda purposes or implementation of any policy including boycott
designed to support or defeat legislation pending before Congress or any
State legislature.
Sec. 113. At the start of the fiscal year, the Mayor shall develop
an annual plan, by quarter and by project, for capital outlay
borrowings: Provided, That within a reasonable time after the close of
each quarter, the Mayor shall report to the Council of the District of
Columbia and the Congress the actual borrowings and spending progress
compared with projections.
Sec. 114. The Mayor shall not borrow any funds for capital projects
unless the Mayor has obtained prior approval from the Council of the
District of Columbia, by resolution, identifying the projects and
amounts to be financed with such borrowings.
Sec. 115. The Mayor shall not expend any moneys borrowed for capital
projects for the operating expenses of the District of Columbia
government.
Sec. 116. None of the funds provided under this Act to the agencies
funded by this Act, both Federal and District government agencies, that
remain available for obligation or expenditure in fiscal year 1999, 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 activity; (3) establishes or changes allocations
specifically denied, limited or increased by Congress in the Act; (4)
increases funds or personnel by any means for any project or activity
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 activities
through a reprogramming of funds in excess of $1,000,000 or 10 percent,
whichever is less; or (7) increases by 20 percent or more personnel
assigned to a specific program, project or activity; unless the
Appropriations Committees of both the Senate and House of
Representatives are notified in writing thirty 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,
[[Page 112 STAT. 2681-136]]
or other personal servants to any officer or employee of the District of
Columbia.
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, approved October 10, 1980 (94
Stat. 1824; Public Law 96-425; 15 U.S.C. 2001(2)), with an Environmental
Protection Agency estimated miles per gallon average of less than 22
miles per gallon: Provided, That this section shall not apply to
security, emergency rescue, or armored vehicles.
Sec. 119. (a) Notwithstanding section 422(7) of the District of
Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; Public
Law 93-198; D.C. Code, sec. 1-242(7)), the City Administrator shall be
paid, during any fiscal year, a salary at a rate established by the
Mayor, not to exceed the rate established for Level IV of the Executive
Schedule under 5 U.S.C. 5315.
(b) For purposes of applying any provision of law limiting the
availability of funds for payment of salary or pay in any fiscal year,
the highest rate of pay established by the Mayor under subsection (a) of
this section for any position for any period during the last quarter of
calendar year 1998 shall be deemed to be the rate of pay payable for
that position for September 30, 1998.
(c) Notwithstanding section 4(a) of the District of Columbia
Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 793; Public
Law 79-592; D.C. Code, sec. 5-803(a)), the Board of Directors of the
District of Columbia Redevelopment Land Agency shall be paid, during any
fiscal year, per diem compensation at a rate established by the Mayor.
Sec. 120. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive Merit
Personnel Act of 1978, effective March 3, 1979 (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, approved December 24, 1973 (87 Stat.
790; Public Law 93-198; D.C. Code, sec. 1-242(3)), shall apply with
respect to the compensation of District of Columbia employees: Provided,
That for pay purposes, employees of the District of Columbia government
shall not be subject to the provisions of title 5, United States Code.
Sec. 121. The Director of the Office of Property Management may pay
rentals and repair, alter, and improve rented premises, without regard
to the provisions of section 322 of the Economy Act of 1932 (Public Law
72-212; 40 U.S.C. 278a), based upon a determination by the Director,
that by reason of circumstances set forth in such determination, the
payment of these rents and the execution of this work, without reference
to the limitations of section 322, is advantageous to the District in
terms of economy, efficiency, and the District's best interest.
Sec. 122. No later than 30 days after the end of the first quarter
of the fiscal year ending September 30, 1999, the Mayor of the District
of Columbia shall submit to the Council of the District of Columbia the
new fiscal year 1999 revenue estimates as of the end of the first
quarter of fiscal year 1999. These estimates shall be used in the budget
request for the fiscal year ending September 30, 2000. The officially
revised estimates at midyear shall be used for the midyear report.
Sec. 123. No sole source contract with the District of Columbia
government or any agency thereof may be renewed or extended
[[Page 112 STAT. 2681-137]]
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, effective February 21, 1986 (D.C. Law 6-85; D.C. Code, sec.
1-1183.3), except that the District of Columbia government or any agency
thereof may renew or extend sole source contracts for which competition
is not feasible or practical: Provided, That the determination as to
whether to invoke the competitive bidding process has been made in
accordance with duly promulgated rules and procedures and said
determination has been reviewed and approved by the District of Columbia
Financial Responsibility and Management Assistance Authority.
Sec. 124. For purposes of the Balanced Budget and Emergency Deficit
Control Act of 1985, approved December 12, 1985 (99 Stat. 1037; Public
Law 99-177), as amended, 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. 125. In the event a sequestration order is issued pursuant to
the Balanced Budget and Emergency Deficit Control Act of 1985, approved
December 12, 1985 (99 Stat. 1037: Public Law 99-177), as amended, after
the amounts appropriated to the District of Columbia for the fiscal year
involved have been paid to the District of Columbia, the Mayor of the
District of Columbia shall pay to the Secretary of the Treasury, within
15 days after receipt of a request therefor from the Secretary of the
Treasury, such amounts as are sequestered by the order: Provided, That
the sequestration percentage specified in the order shall be applied
proportionately to each of the Federal appropriation accounts in this
Act that are not specifically exempted from sequestration by the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 126. (a) An entity of the District of Columbia government may
accept and use a gift or donation during fiscal year 1999 if--
(1) the Mayor approves the acceptance and use of the gift or
donation: Provided, That the Council of the District of Columbia
may accept and use gifts without prior approval by the Mayor;
and
(2) the entity uses the gift or donation to carry out its
authorized functions or duties.
(b) Each entity of the District of Columbia government shall keep
accurate and detailed records of the acceptance and use of any gift or
donation under subsection (a) of this section, and shall make such
records available for audit and public inspection.
(c) For the purposes of this section, the term ``entity of the
District of Columbia government'' includes an independent agency of the
District of Columbia.
(d) This section shall not apply to the District of Columbia Board
of Education, which may, pursuant to the laws and regulations of the
District of Columbia, accept and use gifts to the public schools without
prior approval by the Mayor.
Sec. 127. 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
[[Page 112 STAT. 2681-138]]
or United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979,
effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-113(d)).
Sec. 128. (a) The University of the District of Columbia shall
submit to the Mayor, the District of Columbia Financial Responsibility
and Management Assistance Authority (hereafter in this section referred
to as ``Authority''), and the Council of the District of Columbia
(hereafter in this section referred to as ``Council'') no later than 15
calendar days after the end of each month a report that sets forth--
(1) current month expenditures and obligations, year-to-date
expenditures and obligations, and total fiscal year expenditure
projections versus budget, broken out on the basis of control
center, responsibility center, and object class, and for all
funds, non-appropriated funds, and capital financing;
(2) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and for all funding
sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the budget
to which the contract is charged, broken out on the basis of
control center and responsibility center, and contract
identifying codes used by the University of the District of
Columbia; payments made in the last month and year-to-date, the
total amount of the contract and total payments made for the
contract and any modifications, extensions, renewals; and
specific modifications made to each contract in the last month;
(4) all reprogramming requests and reports that have been
made by the University of the District of Columbia within the
last month in compliance with applicable law; and
(5) changes made in the last month to the organizational
structure of the University of the District of Columbia,
displaying previous and current control centers and
responsibility centers, the names of the organizational entities
that have been changed, the name of the staff member supervising
each entity affected, and the reasons for the structural change.
(b) The Mayor, the Authority, and the Council shall provide the
Congress by February 1, 2000, a summary, analysis, and recommendations
on the information provided in the monthly reports.
Sec. 129. 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. 130. 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--
[[Page 112 STAT. 2681-139]]
(1) the hourly rate of compensation of the attorney exceeds
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 the maximum amount of compensation under section 11-
2604(b)(1), District of Columbia Code, except that compensation
and reimbursement in excess of such maximum may be approved for
extended or complex representation in accordance with section
11-2604(c), District of Columbia Code.
Sec. 131. <> 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. 132. U.S. Army Corps of Engineers Services to District of
Columbia Public Schools. In using funds made available under this Act or
any other Act for the repair and improvement of the District of
Columbia's public school facilities, 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 U.S. Army Corps of Engineers. The Chief of
Engineers may accept such orders on a reimbursable basis and may provide
any part of such services by contract. In providing such services, the
Chief of Engineers shall follow the Federal Acquisition Regulations and
the implementing Department of Defense regulations. This section shall
apply to fiscal year 1999 and each fiscal year thereafter.
Sec. 133. None of the funds made available in this Act may be used
to implement or enforce the Health Care Benefits Expansion Act of 1992
(D.C. Law 9-114; D.C. Code, sec. 36-1401 et seq.) or to otherwise
implement or enforce any system of registration of unmarried, cohabiting
couples (whether homosexual, heterosexual, or lesbian), including but
not limited to registration for the purpose of extending employment,
health, or governmental benefits to such couples on the same basis that
such benefits are extended to legally married couples.
Sec. 134. The Emergency Transitional Education Board of Trustees
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 month a report that sets forth--
(1) current month expenditures and obligations, year-to-date
expenditures and obligations, and total fiscal year expenditure
projections versus budget, broken out on the basis of control
center, responsibility center, agency reporting code, and object
class, and for all funds, including capital financing;
(2) a list of each account for which spending is frozen and
the amount of funds frozen, broken out by control center,
responsibility center, detailed object, and agency reporting
code, and for all funding sources;
(3) a list of all active contracts in excess of $10,000
annually, which contains the name of each contractor; the budget
to which the contract is charged, broken out on the basis of
control center, responsibility center, and agency reporting
code; and contract identifying codes used by the District
[[Page 112 STAT. 2681-140]]
of Columbia Public Schools; payments made in the last month 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 month to the organizational
structure of the D.C. 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. 135. (a) In General.--The Emergency Transitional Education
Board of Trustees of the District of Columbia 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 1998, fiscal year 1999, and
thereafter on full-time equivalent basis, including a
compilation of all positions by control center, responsibility
center, funding source, position type, position title, pay plan,
grade, and annual salary; and
(2) a compilation of all employees in the District of
Columbia public schools and the University of the District of
Columbia as of the preceding December 31, verified as to its
accuracy in accordance with the functions that each employee
actually performs, by control center, responsibility center,
agency reporting code, program (including funding source),
activity, location for accounting purposes, job title, grade and
classification, annual salary, and position control number.
(b) Submission.--The annual report required by subsection (a) of
this section shall be submitted to the Congress, the Mayor, the District
of Columbia Council, the Consensus Commission, and the Authority, not
later than February 15 of each year.
Sec. 136. (a) No later than October 1, 1998, or within 30 calendar
days after the date of the enactment of this Act, whichever occurs
later, and each succeeding year, the Superintendent of the District of
Columbia Public Schools and the University of the District of Columbia
shall submit to the appropriate congressional committees, the Mayor, the
District of Columbia Council, the Consensus Commission, and the District
of Columbia Financial Responsibility and Management Assistance
Authority, a revised appropriated funds operating budget for the public
school system and the University of the District of Columbia for such
fiscal year that is in the total amount of the approved appropriation
and that realigns budgeted data for personal services and other-than-
personal services, respectively, with anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the Superintendent
of the District of Columbia Public Schools and the University of the
District of Columbia submit to the Mayor of the District
[[Page 112 STAT. 2681-141]]
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, as amended (D.C.
Code, sec. 47-301).
Sec. 137. The Emergency Transitional Education Board of Trustees,
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
their respective annual or revised budgets 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, as amended (D.C. Code, sec. 47-301), or before submitting their
respective budgets directly to the Council.
Sec. 138. (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 1999 under the
caption ``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) $5,211,920,000 (of which $132,912,000 shall be
from intra-District funds and $2,865,763,000 shall be
from local funds), which amount may be increased by the
following:
(i) proceeds of one-time transactions, which
are expended for emergency or unanticipated
operating or capital needs approved by the
District of Columbia Financial Responsibility and
Management Assistance Authority; or
(ii) after notification to the Council,
additional expenditures which the Chief Financial
Officer of the District of Columbia certifies will
produce additional revenues during such fiscal
year at least equal to 200 percent of such
additional expenditures, and that are approved by
the Authority.
(2) Enforcement.--The Chief Financial Officer of the
District of Columbia and the Authority shall take such steps as
are necessary to assure that the District of Columbia meets the
requirements of this section, including the apportioning by the
Chief Financial Officer of the appropriations and funds made
available to the District during fiscal year 1999, except that
the Chief Financial Officer may not reprogram for operating
expenses any funds derived from bonds, notes, or other
obligations issued for capital projects.
(b) Acceptance and Use of Grants Not Included in Ceiling.--
(1) In general.--Notwithstanding subsection (a), the Mayor,
in consultation with the Chief Financial Officer, during a
control year, as defined in section 305(4) of the District of
Columbia Financial Responsibility and Management Assistance Act
of 1995, approved April 17, 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.
[[Page 112 STAT. 2681-142]]
(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) Monthly reports.--The Chief Financial Officer of the
District of Columbia shall prepare a monthly report setting
forth detailed information regarding all Federal, private, and
other grants subject to this subsection. Each such report shall
be submitted to the Council of the District of Columbia, and to
the Committees on Appropriations of the House of Representatives
and the Senate, not later than 15 days after the end of the
month covered by the report.
(c) Report on Expenditures by Financial Responsibility and
Management Assistance Authority.--Not later than 20 calendar days after
the end of each fiscal quarter starting October 1, 1998, the Authority
shall submit a report to the Committees on Appropriations of the House
of Representatives and the Senate, the Committee on Government Reform
and Oversight of the House, and the Committee on Governmental Affairs of
the Senate providing an itemized accounting of all non-appropriated
funds obligated or expended by the Authority for the quarter. The report
shall include information on the date, amount, purpose, and vendor name,
and a description of the services or goods provided with respect to the
expenditures of such funds.
(d) Application of Excess Revenues.--Local revenues collected in
excess of amounts required to support appropriations in this Act for
operating expenses for the District of Columbia for fiscal year 1999
under the caption ``Division of Expenses'' shall be applied first to the
elimination of the general fund accumulated deficit; second to a reserve
account not to exceed $250,000,000 to be used to finance seasonal cash
needs (in lieu of short term borrowings); third to accelerate repayment
of cash borrowed from the Water and Sewer Fund; and fourth to reduce the
outstanding long-term debt.
Sec. 139. University of the District of Columbia Investment
Authority. Section 108(b) of the District of Columbia Public Education
Act (D.C. Code, sec. 31-1408) is amended by striking the period at the
end of the sentence and adding the phrase ``, except that the funds
appropriated in this section also may be invested in equity-based
securities if approved by the Chief Financial Officer of the District of
Columbia.''.
[[Page 112 STAT. 2681-143]]
Sec. 140. 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 1999 or
any succeeding fiscal year, the receiver or official shall prepare and
submit to the Mayor, for inclusion in the annual budget of the District
of Columbia for the year, annual estimates of the expenditures and
appropriations necessary for the maintenance and operation of the
department or agency. All such estimates shall be forwarded by the Mayor
to the Council, for its action pursuant to sections 446 and 603(c) of
the District of Columbia Home Rule Act, without revision but subject to
the Mayor's recommendations. Notwithstanding any provision of the
District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
790; Public Law 93-198; D.C. Code sec. 1-101 et seq.) the Council may
comment or make recommendations concerning such annual estimates but
shall have no authority under such Act to revise such estimates.
Sec. 141. The District of Columbia Financial Responsibility and
Management Assistance Authority and the Superintendent of the District
of Columbia Public Schools are hereby directed to report to the
Appropriations Committees of the Senate and the House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform and Oversight of the House of
Representatives not later than April 1, 1999, on all measures necessary
and steps to be taken to ensure that the District's Public Schools open
on time to begin the 1999-2000 academic year.
Sec. 142. (a) Notwithstanding any other provision of law, rule, or
regulation, an employee of the District of Columbia public schools shall
be--
(1) classified as an Educational Service employee;
(2) placed under the personnel authority of the Board of
Education; and
(3) subject to all Board of Education rules.
(b) School-based personnel shall constitute a separate competitive
area from nonschool-based personnel who shall not compete with school-
based personnel for retention purposes.
Sec. 143. (a) Restrictions on Use of Official Vehicles.--(1) 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 in the case of
an officer or employee of the Metropolitan Police Department who resides
in the District of Columbia or is otherwise designated by the Chief of
the Department).
(2) Paragraph (1) shall not apply with respect to any vehicle
provided to the officer of the Metropolitan Police Department who was
wounded in the line of duty and who is referred to in the letter of July
15, 1998, from the Chief of the Department to the Chair of the
Subcommittee on the District of Columbia of the Committee on
Appropriations of the House of Representatives. Notwithstanding any
other provision of law, the Chief may donate the vehicle to such officer
as a gift on behalf of the District of
[[Page 112 STAT. 2681-144]]
Columbia, and the donation shall not be subject to any Federal, State,
or local income or gift tax.
(3) The Chief Financial Officer of the District of Columbia shall
submit, by November 15, 1998, an inventory, as of September 30, 1998, of
all vehicles owned, leased or operated by the District of Columbia
government. The inventory shall include, but not be limited to, the
department to which the vehicle is assigned; the year and make of the
vehicle; the acquisition date and cost; the general condition of the
vehicle; annual operating and maintenance costs; current mileage; and
whether the vehicle is allowed to be taken home by a District officer or
employee and if so, the officer or employee's title and resident
location.
Sec. 144. (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
1999 and each succeeding fiscal year, any expenditures of the District
government attributable to any officer or employee of the District
government who provides services which are within the authority and
jurisdiction of the entity (including any portion of the compensation
paid to the officer or employee attributable to the time spent in
providing such services) shall be treated as expenditures made from the
entity's budget, without regard to whether the officer or employee is
assigned to the entity or otherwise treated as an officer or employee of
the entity.
(b) Modification of Reduction in Force Procedures.--The District of
Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C.
Code, sec. 1-601.1 et seq.), as amended, is further amended in section
2408(a) by deleting ``1998'' and inserting, ``1999''; in subsection (b),
by deleting ``1998'' and inserting, ``1999''; in subsection (i), by
deleting ``1998'' and inserting, ``1999''; and in subsection (k), by
deleting ``1998'' and inserting, ``1999''.
Sec. 145. Assessment and Placement of Special Education Students.
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 (referred to
in this section as the ``Board''), 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. 146. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
the Buy American Act (41 U.S.C. 10a-10c).
(b) Sense of the Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds made
available in this Act, it is the sense
[[Page 112 STAT. 2681-145]]
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 determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. <> 147. Notwithstanding any
provision of any Federally-granted charter or any other provision of
law, beginning with fiscal year 1999 and for each fiscal year hereafter,
the real property of the National Education Association located in the
District of Columbia shall be subject to taxation by the District of
Columbia in the same manner as any similar organization.
Sec. 148. None of the funds contained in this Act may be used for
purposes of the annual independent audit of the District of Columbia
government (including the District of Columbia Financial Responsibility
and Management Assistance Authority) for fiscal year 1999 unless--
(1) the audit is conducted by the Inspector General of the
District of Columbia pursuant to section 208(a)(4) of the
District of Columbia Procurement Practices Act of 1985 (D.C.
Code, sec. 1-1182.8(a)(4)); and
(2) the audit includes a comparison of audited actual year-
end results with the revenues submitted in the budget document
for such year and the appropriations enacted into law for such
year.
Sec. 149. Nothing in this Act shall be construed to authorize any
office, agency or entity to expend funds for programs or functions for
which a reorganization plan is required but has not been approved by the
District of Columbia Financial Responsibility and Management Assistance
Authority (hereafter in this section referred to as ``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. 150. Notwithstanding any other provision of law, rule, or
regulation, the evaluation process and instruments for evaluating
District of Columbia Public Schools employees shall be a non-negotiable
item for collective bargaining purposes.
Sec. 151. 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.
[[Page 112 STAT. 2681-146]]
Sec. 152. The District of Columbia Financial Responsibility and
Management Assistance Authority (hereafter in this section referred to
as ``Authority'') shall report to the Appropriations Committees of the
Senate and House of Representatives, the Committee on Governmental
Affairs of the Senate, and the Committee on Government Reform and
Oversight of the House of Representatives, by February 15, 1999, on the
status of all partnerships or agreements entered into from January 1,
1994 through September 30, 1998, between the District of Columbia
government and any nonprofit organization that provides medical care,
substance abuse treatment, low income housing, food and shelter
services, abstinance programs, or educational services to children,
adults and families residing in the District. For those partnerships or
agreements that have been terminated, the Authority shall report to
Congress on the plans by the District government for reinitiating the
partnerships or agreements with the respective nonprofit organization.
Sec. 153. The Residency Requirement Reinstatement Amendment Act of
1998 (D.C. Act 12-340) is hereby repealed.
Sec. 154. None of the funds contained in this Act may be used after
April 1, 1999, to transfer or confine inmates classified above the
medium security level, as defined by the Federal Bureau of Prisons
classification instrument, to the Northeast Ohio Correctional Center
located in Youngstown, Ohio.
Sec. 155. Reserve.--The District of Columbia Financial
Responsibility and Management Assistance Act of 1995, Public Law 104-8,
sec. 202 is amended to include the following:
``(i) Reserve.--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 Chief Financial Officer for the District of
Columbia and the District of Columbia Financial Responsibility and
Management Assistance Authority: Provided, That the reserve shall only
be expended according to criteria established by the Chief Financial
Officer and approved by the District of Columbia Financial
Responsibility and Management Assistance Authority.''.
Sec. 156. Library Fundraising Authority.--D.C. Code Section 37-105
is amended by striking the word ``and'' after section (11) and striking
the period after section (12) and adding the following phrase:
``, (13) Notwithstanding any other provision of law, the Board of
Trustees of the District of Columbia Public Library is authorized to
hire a fundraiser and to raise funds from private sources and expend
those funds for the benefit of the District of Columbia Public Library,
with the prior review and approval of the Chief Financial Officer for
the District of Columbia and the District of Columbia Financial
Responsibility and Management Assistance Authority.''.
Sec. 157. District of Columbia Adoption Improvement Act of 1998. (a)
Short Title.--This section may be cited as the ``District of Columbia
Adoption Improvement Act of 1998''.
(b) Database.--The District of Columbia Child and Family Services
Agency (referred to as ``CFSA'') shall maintain an accurate database
listing and tracking any child found by the Family Division of the
District of Columbia Superior Court to be abused or neglected and who is
in the custody of the District of Columbia, including any child with the
goal of adoption or legally free for adoption.
[[Page 112 STAT. 2681-147]]
(c) Contracting With Private Service Providers.--
(1) Private contracts.--Not later than September 30, 1999,
CFSA shall enter into contracts with private service providers
to perform some of the adoption recruitment and placement
functions of CFSA, which may include recruitment, homestudy, and
placement services.
(2) Competitive bidding.--Any contract entered into pursuant
to paragraph (1) shall be subject to a competitive bidding
process when required by CFSA contracting policies and
procedures.
(3) Performance-based compensation.--
(A) In general.--Any contract entered into pursuant
to paragraph (1) shall compensate the winning bidder
pursuant to paragraph (2) upon completion of contract
deliverables.
(B) Contract deliverables.--In identifying contract
deliverables, CFSA shall consider--
(i) in the case of recruitment, receipt of a
list of potential adoptive families;
(ii) in the case of homestudies, receipt of a
completed homestudy in a form specified in advance
by CFSA; or
(iii) in the case of placements, the child is
placed in an adoptive home approved by CFSA or the
adoption is finalized.
(4) Types of contracts.--Nothing in this section shall be
construed to prevent CFSA from entering into contracts that
provide for multiple deliverables or conditions for partial
payment.
(5) Removal of barriers to adoption.--CFSA shall meet with
contractors to address issues identified during the term of a
contract entered into pursuant to this section, including issues
related to barriers to timely adoptions.
Sec. 158. Clarification of Responsibility for Adult Offender
Supervision in the District of Columbia. (a) Section 11233(b)(2) of the
National Capital Revitalization and Self-Government Improvement Act of
1997 (Public Law 105-33) is amended by--
(1) striking ``; and'' in subparagraph (F) and inserting
``;'';
(2) striking ``Columbia.'' in subparagraph (G) and inserting
``Columbia; and''; and
(3) inserting after subparagraph (G) the following:
``(H) carry out all functions which have heretofore
been carried out by the Social Services Division of the
Superior Court relating to supervision of adults subject
to protection orders or provision of services for or
related to such persons.''.
(b) Section 11-1722 of the District of Columbia Code is amended--
(1) in subsection (a)--
(A) by inserting ``juvenile'' after ``all'' in the
first sentence; and
(B) by amending the second sentence to read as
follows: ``The Director shall have no jurisdiction over
any adult under supervision.'';
(2) in subsection (b), inserting ``including the agency
established by section 11233(a) of the National Capital
Revitalization
[[Page 112 STAT. 2681-148]]
and Self-Government Improvement Act of 1997,'' after
``Columbia,''; and
(3) in subsection (c), by inserting ``juvenile'' after
``of''.
Sec. 159. Public Law 104-8 is amended by adding new section 109 as
follows:
``SEC. 109. CHIEF MANAGEMENT OFFICER.
``(a) The Authority may employ a Chief Management Officer of the
District of Columbia, who shall be appointed by the Chair with the
consent of the Authority. The Chief Management Officer shall assist the
Authority in the fulfillment of its responsibilities under the District
of Columbia Management Reform Act of 1997, subtitle B of the National
Capital Revitalization and Self-Government Improvement Act of 1997,
title XI of Public Law 105-33, to improve the effectiveness and
efficiency of the District of Columbia Government. The Authority may
delegate to the Chief Management Officer responsibility for oversight
and supervision of departments and functions of the District of Columbia
Government, or successor departments and functions, consistent with the
District of Columbia Management Reform Act of 1997, subtitle B of the
National Capital Revitalization and Self-Government Improvement Act of
1997, title XI of Public Law 105-33. The Chief Management Officer shall
report directly to the Authority, through the Chair of the Authority,
and shall be directed in his or her performance by a majority of the
Authority. The Chief Management Officer shall be paid at an annual rate
determined by the Authority sufficient in the judgment of the Authority
to obtain the services of an individual with the skills and experience
required to discharge the duties of the office.
``(b) Employment Contract.--Notwithstanding any other provision of
law, the employment agreement entered into as of January 15, 1998,
between the Chief Management Officer and the District of Columbia
Financial Responsibility and Management Assistance Authority shall be
valid in all respects.''.
Sec. 160. Section 1-1182.8(a)(4)(A) of the D.C. Code is amended to
read as follows--
``(A) Audit the financial statement and report described in
paragraph (3)(H) for a fiscal year, except that the financial statement
and report may not be audited by the same auditor (or an auditor
employed by or affiliated with the same auditor) for more than 5
consecutive fiscal years; and''.
Sec. 161. Deficit Reduction and Revitalization.--Notwithstanding any
other provision of law or this Act, funds allocated to management reform
by the District of Columbia Financial Responsibility and Management
Assistance Authority under this heading in Public Law 105-100 (111 Stat.
2159), as contained in the Authority's notification of June 24, 1998,
shall remain available for management reform until September 30, 1999:
Provided, That said funds shall not exceed $3,200,000.
Sec. 162. Prompt Payments. (a) Section 3901 of title 31, United
States Code is amended by adding at the end the following new subsection
(d):
``(d)(1) Notwithstanding subsection (a)(1) of this section, this
chapter, except section 3907 of this title, applies to the District of
Columbia Courts.
``(2) A claim for an interest penalty not paid under this chapter
may be filed in the same manner as claims are filed with respect
[[Page 112 STAT. 2681-149]]
to contracts to provide property or services for the District of
Columbia Courts.
``(3)(A) Except as provided in subparagraph (B), an interest penalty
under this chapter does not continue to accrue for more than one year or
after a claim for an interest penalty is filed in the manner described
in paragraph (2), whichever is earlier.
``(B) If a claim for an interest penalty is filed in the manner
described in paragraph (2) and interest is not available for such claims
under the laws and regulations governing claims under contracts to
provide property or services for the District of Columbia Courts,
interest will accrue under this chapter as provided in paragraph (A) and
from the date the claim is filed until the date the claim is paid.
``(4) Paragraph (3) of this subsection does not prevent an interest
penalty from accruing on a claim if such interest is available for such
claim under the laws and regulations governing claims under contracts to
provide property or services for the District of Columbia Courts. Such
interest may accrue on an unpaid contract payment and on the unpaid
penalty under this chapter.
``(5) Except as provided in section 3904 of this title, this chapter
does not require an interest penalty on a payment that is not made
because of a dispute between the head of an agency and a business
concern over the amount of payment or compliance with the contract. A
claim related to the dispute, and any interest payable for the period
during which the dispute is being resolved, is subject to the laws and
regulations governing claims under contracts to provide property or
services for the District of Columbia Courts.''.
Sec. 163. Section 147 of the Nation's Capital Bicentennial
Designation Act (Public Law 105-100; 111 Stat. 2180) is amended--
(1) in subsection (a)(3)(B) by striking ``President's Day''
and inserting ``Washington's Birthday'';
(2) in subsection (b)(1) by striking ``President's Day'' and
inserting ``Washington's Birthday''.
Sec. 164. Section 101(b) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995, Public Law 104-8,
109 Stat. 97, is amended by adding at the end of paragraph (5) the
following new subparagraph:
``(D) Continuation of service until successor
appointed.--Upon the expiration of a term of office, a
member of the Authority may continue to serve until a
successor has been appointed.''
Sec. 165. Section 456(d)(2) of the District of Columbia Home Rule
Act (87 Stat. 774; Public Law 93-198, as amended) is amended by adding
at the end:
``(H) A statement of the balance of each account
held by the District of Columbia Financial
Responsibility and Management Assistance Authority as of
the end of the quarter, together with a description of
the activities within each such account during the
quarter based on information supplied by the
Authority.''.
Sec. 166. No funds made available pursuant to any provision of
this Act or any other act now or hereafter enacted shall be used to
capitalize the National Capital Revitalization Corporation or for the
purpose of implementing the National Capital Revitalization Act of 1998
(D.C. Act 12-355) until at least 30 days after the District of Columbia
Financial Responsibility and Management
[[Page 112 STAT. 2681-150]]
Assistance Authority submits to the appropriate committees of Congress
an economic development strategy.
Sec. 167. The District of Columbia government shall maintain for
fiscal year 1999 the same funding levels as provided in fiscal year 1997
for homeless services in the District of Columbia: Provided, That in
addition to such amounts, $1,000,000 shall be paid to The Doe Fund for
its Ready, Willing & Able program in Washington, D.C.
Sec. 168. (a) No later than November 1, 1998, or within 30 calendar
days after the date of the enactment of this Act, whichever occurs
later, the Chief Financial Officer shall submit to the appropriate
committees of Congress, the Mayor, and the District of Columbia
Financial Responsibility and Management Assistance Authority a revised
appropriated funds operating budget for all agencies of the District of
Columbia government for such fiscal year that is in the total amount of
the approved appropriation and that realigns budgeted data for personal
services and other-than-personal-services, respectively, with
anticipated actual expenditures.
(b) The revised budget required by subsection (a) of this section
shall be submitted in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the District of
Columbia Home Rule Act, Public Law 93-198, as amended (D.C. Code, sec.
47-301).
Sec. 169. Notwithstanding section 602(c)(1) of the District of
Columbia Home Rule Act, approved December 24, 1973, as amended (87 Stat.
813; Public Law 93-198; D.C. Code, sec. 1-233(c)(1), D.C. Act 12-421),
``Oyster Elementary School Construction and Revenue Bond Act of 1998'',
shall take effect upon the date of enactment of this Act.
Sec. 170. 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, or for any payment to any
individual or entity who carries out any such program.
Sec. 171. None of the funds contained in this Act may be used to
conduct any ballot initiative which seeks to legalize or otherwise
reduce penalties associated with the possession, use, or distribution of
any schedule I substance under the Controlled Substances Act (21 U.S.C.
802) or any tetrahydrocannabinols derivative.
This Act may be cited as the ``District of Columbia Appropriations
Act, 1999''.
(d) For programs, projects or activities in the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1999, provided as follows, to be effective as if it had been enacted
into law as the regular appropriations Act:
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
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
[[Page 112 STAT. 2681-151]]
Government Corporation Control Act, as may be necessary in carrying out
the program for the current fiscal year for such corporation: Provided,
That none of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country other than a
nuclear-weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act that has detonated a nuclear
explosive after the date of enactment of this Act.
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, $765,000,000 to remain available until September 30,
2002: 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 2013 for the disbursement of direct loans, loan guarantees,
insurance and tied-aid grants obligated in fiscal years 1999, 2000,
2001, and 2002: Provided further, That none of the funds appropriated by
this Act or any prior Act appropriating funds for foreign operations,
export financing, or related programs for tied-aid credits or grants may
be used for any other purpose except through the regular notification
procedures of the Committees on Appropriations: Provided further, That
funds appropriated by this paragraph are made available notwithstanding
section 2(b)(2) of the Export Import Bank Act of 1945, in connection
with the purchase or lease of any product by any East European country,
any Baltic State or any agency or national thereof.
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs (to be computed on an accrual basis),
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, and not to exceed $22,500 for official reception and
representation expenses for members of the Board of Directors,
$50,000,000: Provided, That necessary expenses (including special
services performed on a contract or fee basis, but not including other
personal services) in connection with the collection of moneys owed the
Export-Import Bank, repossession or sale of pledged collateral or other
assets acquired by the Export-Import Bank in satisfaction of moneys owed
the Export-Import Bank, or the investigation or appraisal of any
property, or the evaluation of the legal or technical aspects of any
transaction for which an application for a loan, guarantee or insurance
commitment has been made, shall be considered nonadministrative expenses
for the purposes of this heading: Provided <> further, That, notwithstanding subsection (b) of section 117
of the Export Enhancement Act of 1992, subsection (a) thereof shall
remain in effect until October 1, 1999.
[[Page 112 STAT. 2681-152]]
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to carry
out the credit and insurance programs (including an amount for official
reception and representation expenses which shall not exceed $35,000)
shall not exceed $32,500,000 of which not more than $27,500,000 may be
made available until the Corporation reports to the Committees on
Appropriations on measures taken to (1) establish sector specific
investment funds; and (2) support regional investment initiatives in
Georgia, Armenia and Azerbaijan through the Caucasus Fund: Provided
further, That project-specific transaction costs, including direct and
indirect costs incurred in claims settlements, and other direct costs
associated with services provided to specific investors or potential
investors pursuant to section 234 of the Foreign Assistance Act of 1961,
shall not be considered administrative expenses for the purposes of this
heading.
For the cost of direct and guaranteed loans, $50,000,000, 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 1999 and 2000: Provided further,
That such sums shall remain available through fiscal year 2007 for the
disbursement of direct and guaranteed loans obligated in fiscal year
1999, and through fiscal year 2008 for the disbursement of direct and
guaranteed loans obligated in fiscal year 2000: Provided further, That
in addition, such sums as may be necessary for administrative expenses
to carry out the credit program may be derived from amounts available
for administrative expenses to carry out the credit and insurance
programs in the Overseas Private Investment Corporation Noncredit
Account and merged with said account.
Funds Appropriated to the President
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, 2000: 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, 2000, for
necessary expenses under this paragraph: Provided further, That such
reimbursements shall not cover, or
[[Page 112 STAT. 2681-153]]
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, 1999, unless otherwise
specified herein, as follows:
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, $650,000,000, to remain available until expended: Provided,
That this amount shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3) health and
nutrition programs, and related education programs, which address the
needs of mothers and children; (4) water and sanitation programs; (5)
assistance for displaced and orphaned children; (6) programs for the
prevention, treatment, and control of, and research on, tuberculosis,
HIV/AIDS, polio, malaria and other diseases; and (7) up to $98,000,000
for basic education programs for children: Provided further, That none
of the funds appropriated under this heading may be made available for
nonproject assistance for health and child survival programs, except
that funds may be made available for such assistance for ongoing health
programs.
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, $1,225,000,000, to remain available
until September 30, 2000: Provided, That of the amount appropriated
under this heading, up to $20,000,000 may be made available for the
Inter-American Foundation and shall be apportioned directly to that
Agency: Provided further, That of the amount appropriated under this
heading, up to $11,000,000 may be made available for the African
Development Foundation and shall be apportioned directly to that agency:
Provided further, That none of the funds made available in this Act nor
any unobligated balances from prior appropriations may be made available
to any organization or program which, as determined by the President of
the United States, supports or participates in the management of a
program of coercive abortion or involuntary sterilization: Provided
further, That none of the funds made available under this heading may be
used to pay for the performance of abortion as a method of family
planning or to motivate or coerce any person
[[Page 112 STAT. 2681-154]]
to practice abortions; and that in order to reduce reliance on abortion
in developing nations, funds shall be available only to voluntary family
planning projects which offer, either directly or through referral to,
or information about access to, a broad range of family planning methods
and services, and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or referral
agents in the project shall not implement or be subject to quotas, or
other numerical targets, of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and planning
purposes), (2) the project shall not include payment of incentives,
bribes, gratuities, or financial reward to (A) an individual in exchange
for becoming a family planning acceptor, or (B) program personnel for
achieving a numerical target or quota of total number of births, number
of family planning acceptors, or acceptors of a particular method of
family planning, (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services, (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to the
use of the method, (5) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are provided only
in the context of a scientific study in which participants are advised
of potential risks and benefits; and, not less than 60 days after the
date on which the Administrator of the United States Agency for
International Development determines that there has been a violation of
the requirements contained in paragraph (1), (2), (3), or (5) of this
proviso, or a pattern or practice of violations of the requirements
contained in paragraph (4) of this proviso, the Administrator shall
submit to the Committee on International Relations and the Committee on
Appropriations of the House of Representatives and to the Committee on
Foreign Relations and the Committee on Appropriations of the Senate, a
report containing a description of such violation and the corrective
action taken by the Agency: Provided further, That in awarding grants
for natural family planning under section 104 of the Foreign Assistance
Act of 1961 no applicant shall be discriminated against because of such
applicant's religious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or appropriating funds
for foreign operations, export financing, and related programs, the term
``motivate'', as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options: Provided further,
That nothing in this paragraph shall be construed to alter any existing
statutory prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That, notwithstanding section
109 of the Foreign Assistance Act of 1961, of the funds appropriated
under this heading in this Act, and of the unobligated balances of funds
previously appropriated under this heading,
[[Page 112 STAT. 2681-155]]
$2,500,000 may be transferred to ``International Organizations and
Programs'' for a contribution to the International Fund for Agricultural
Development (IFAD): Provided further, That none of the funds
appropriated under this heading may be made available for any activity
which is in contravention to the Convention on International Trade in
Endangered Species of Flora and Fauna (CITES): Provided further, That
none of the funds appropriated under this heading may be made available
for assistance for the central Government of the Republic of South
Africa, until the Secretary of State reports in writing to the
appropriate committees of the Congress on the steps being taken by the
United States Government to work with the Government of the Republic of
South Africa to negotiate the repeal, suspension, or termination of
section 15(c) of South Africa's Medicines and Related Substances Control
Amendment Act No. 90 of 1997: 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 $1,500,000 should be made available for agriculture programs
in Laos: Provided further, That of the funds appropriated under this
heading not less than $500,000 should be made available for support of
the United States Telecommunications Training Institute: Provided
further, That, of the funds made available by this Act for the
``Microenterprise Initiative'' (including any local currencies made
available for the purposes of the Initiative), not less than 50 percent
of the funds used for microcredit should be made available for support
of 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.
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.
Of the funds appropriated under the headings ``Economic Support
Fund'' and ``Development Assistance'', not less than $6,500,000 shall be
made available to support democracy activities in Burma, democracy and
humanitarian activities along the Burma-Thailand border, and for Burmese
student groups and other organizations located outside Burma: Provided,
That funds made available for Burma-related activities under this
heading may be made available notwithstanding any other provision of
law: Provided further, That the provision of such funds shall be made
available subject to the regular notification procedures of the
Committees on Appropriations.
[[Page 112 STAT. 2681-156]]
None of the funds appropriated by this Act may be made available for
activities or programs for Cambodia until the Secretary of State
determines and reports to the Committees on Appropriations that the
Government of Cambodia has: (1) thoroughly and credibly resolved all
election-related disputes and complaints filed by all political parties
to the National Election Commission and the Constitutional Council; (2)
discontinued all political violence and intimidation of journalists and
members of opposition parties; and (3) been formed through credible,
democratic elections: Provided, That the restrictions under this heading
shall not apply to demining or activities administered by
nongovernmental organizations: Provided further, That such funds shall
be subject to the regular notification procedures of the Committees on
Appropriations.
Of the funds appropriated under the headings ``Economic Support
Fund'' and ``Development Assistance'', not less than $75,000,000 shall
be made available for assistance for Indonesia: Provided, That of this
amount, not less than $15,000,000 should be made available for
activities administered by the Office of Transition Initiatives:
Provided further, That of the amount made available under this heading
up to $25,000,000 may be derived from funds that are available for
obligation pursuant to section 511 of this Act or any comparable
provision of law.
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: Provided further, That section
123(g) of the Foreign <> Assistance Act of
1961 and the paragraph entitled ``Private and Voluntary Organizations''
in title II of the Foreign Assistance and Related Programs
Appropriations Act, 1985 (as enacted in Public Law 98-473) are hereby
repealed.
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. Such private and voluntary organizations shall include those
which operate on a not-for-profit basis, receive contributions from
private sources, receive voluntary support from the public and are
deemed to be among the most cost-effective and successful providers of
development assistance.
[[Page 112 STAT. 2681-157]]
For necessary expenses for international disaster relief,
rehabilitation, and reconstruction assistance pursuant to section 491 of
the Foreign Assistance Act of 1961, as amended, $200,000,000, to remain
available until expended.
For the cost of direct loans and loan guarantees, $1,500,000, as
authorized by section 108 of the Foreign Assistance Act of 1961, as
amended: Provided, That such costs shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That guarantees
of loans made under this heading in support of microenterprise
activities may guarantee up to 70 percent of the principal amount of any
such loans notwithstanding section 108 of the Foreign Assistance Act of
1961. In addition, for administrative expenses to carry out programs
under this heading, $500,000, all of which may be transferred to and
merged with the appropriation for Operating Expenses of the Agency for
International Development: Provided further, That funds made available
under this heading shall remain available until September 30, 2000.
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, including the cost of guaranteed
loans designed to promote the urban and environmental policies and
objectives of part I of such Act, $1,500,000, to remain available until
expended: Provided, That these funds are available to subsidize loan
principal, 100 per centum 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, and the third and fourth sentences of section
223(j) of such Act are repealed.
For payment to the ``Foreign Service Retirement and Disability
Fund'', as authorized by the Foreign Service Act of 1980, $44,552,000.
For necessary expenses to carry out the provisions of section 667,
$479,950,000: Provided, That none of the funds appropriated by this Act
for programs administered by the Agency for International Development
may be used to finance printing costs of any report or study (except
feasibility, design, or evaluation reports
[[Page 112 STAT. 2681-158]]
or studies) in excess of $25,000 without the approval of the
Administrator of the Agency or the Administrator's designee.
For necessary expenses to carry out the provisions of section 667,
$30,750,000, to remain available until September 30, 2000, which sum
shall be available for the Office of the Inspector General of the Agency
for International Development.
Other Bilateral Economic Assistance
For necessary expenses to carry out the provisions of chapter 4 of
part II, $2,367,000,000, to remain available until September 30, 2000:
Provided, That of the funds appropriated under this heading, not less
than $1,080,000,000 shall be available only for Israel, which sum shall
be available on a grant basis as a cash transfer and shall be disbursed
within thirty days of enactment of this Act or by October 31, 1998,
whichever is later: Provided further, That not less than $775,000,000
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: Provided further, That in exercising the authority to
provide cash transfer assistance for Israel, the President shall ensure
that the level of such assistance does not cause an adverse impact on
the total level of nonmilitary exports from the United States to such
country: 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 notwithstanding any other
provision of law, not to exceed $10,000,000 may be used to support
victims of the Holocaust.
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $19,600,000, which shall
be available for the United States contribution to the International
Fund for Ireland and shall be made available in accordance with the
provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
99-415): Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That funds made available under this heading shall
remain available until September 30, 2000.
(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, $430,000,000, to remain available until
September 30, 2000, which shall be available, notwithstanding any other
provision of law, for economic assistance and for related programs for
Eastern Europe and the Baltic States.
[[Page 112 STAT. 2681-159]]
(b) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained in
that Act for the use of economic assistance.
(c) 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.
(d) With regard to funds appropriated under this heading for the
economic revitalization program in Bosnia and Herzegovina, and local
currencies generated by such funds (including the conversion of funds
appropriated under this heading into currency used by Bosnia and
Herzegovina as local currency and local currency returned or repaid
under such program)--
(1) the Administrator of the Agency for International
Development shall provide written approval for grants and loans
prior to the obligation and expenditure of funds for such
purposes, and prior to the use of funds that have been returned
or repaid to any lending facility or grantee; and
(2) the provisions of section 533 of this Act shall apply.
(e) The President is authorized to withhold funds appropriated under
this heading made available for economic revitalization programs in
Bosnia and Herzegovina, if he determines and certifies to the Committees
on Appropriations that the Federation of Bosnia and Herzegovina has not
complied with article III of annex 1-A of the General Framework
Agreement for Peace in Bosnia and Herzegovina concerning the withdrawal
of foreign forces, and that intelligence cooperation on training,
investigations, and related activities between Iranian officials and
Bosnian officials has not been terminated.
(f) Not to exceed $200,000,000 of the funds appropriated under this
heading may be made available for Bosnia and Herzegovina.
(g) Funds appropriated under this heading or in prior appropriations
Acts that are or have been made available for an Enterprise Fund may be
deposited by such Fund in interest-bearing accounts prior to the Fund's
disbursement of such funds for program purposes. The Fund may retain for
such program purposes any interest earned on such deposits without
returning such interest to the Treasury of the United States and without
further appropriation by the Congress. Funds made available for
Enterprise Funds shall be expended at the minimum rate necessary to make
timely payment for projects and activities.
(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 New Independent States of the former Soviet
Union and for related programs, $801,000,000, to remain available until
September 30, 2000: Provided, That the provisions of such chapter shall
apply to funds appropriated by this paragraph: Provided further, That
such sums as may be necessary may be transferred to the Export-Import
Bank of the United States for the cost of any financing under the
Export-Import Bank Act of 1945 for activities for the New Independent
States.
[[Page 112 STAT. 2681-160]]
(b) Funds appropriated under title II of this Act, including funds
appropriated under this heading, should be made available for assistance
for Mongolia at a level which is at least equivalent to the level
provided in fiscal year 1998: Provided, That funds made available for
assistance for Mongolia may be made available in accordance with the
purposes and utilizing the authorities provided in chapter 11 of part I
of the Foreign Assistance Act of 1961.
(c)(1) Of the funds appropriated under this heading that are
allocated for assistance for the Government of Russia, 50 percent shall
be withheld from obligation until the President determines and certifies
in writing to the Committees on Appropriations that the Government of
Russia has terminated implementation of arrangements to provide Iran
with technical expertise, training, technology, or equipment necessary
to develop a nuclear reactor, related nuclear research facilities or
programs, or ballistic missile capability.
(2) Notwithstanding paragraph (1) assistance may be provided for the
Government of Russia if the President determines and certifies to the
Committees on Appropriations that making such funds available: (A) is
vital to the national security interest of the United States; and (B)
that the Government of Russia is taking meaningful steps to limit major
supply contracts and to curtail the transfer of technology and
technological expertise related to activities referred to in paragraph
(1).
(d) Not more than 30 percent of the funds appropriated under this
heading may be made available for assistance for any country in the
region.
(e) Of the funds appropriated under this heading, not less than
$228,000,000 shall be made available for assistance for the Southern
Caucasus region: Provided, That of the funds made available for the
Southern Caucasus region, 17.5 percent should be used for reconstruction
and other activities relating to the peaceful resolution of conflicts
within the region, especially those in the vicinity of Abkhazia and
Nagorno-Karabakh: Provided further, That if the Secretary of State after
May 30, 1999, determines and reports to the relevant committees of
Congress that the full amount of funds that may be made available under
the first proviso cannot be effectively utilized, the amount provided
may be used for other purposes under this heading: Provided further,
That of the funds provided under this subsection, 37 percent shall be
made available for assistance for Georgia and 35 percent shall be made
available for assistance for Armenia: Provided further, That of funds
made available for Armenia, not less than 12 percent shall be made
available for an endowment for the American University in Armenia.
(f) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity;
[[Page 112 STAT. 2681-161]]
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
(g) Of the funds appropriated under this heading, not less than
$195,000,000 shall be made available for assistance for Ukraine:
Provided, That not less than $25,000,000 of such funds should be made
available for nuclear reactor safety programs, of which not less than
$1,000,000 shall be made available for personnel security initiatives at
all nuclear reactor installations: Provided further, That 50 percent of
the amount made available in this subsection, exclusive of funds made
available for nuclear safety and law enforcement reforms, shall be
withheld from obligation and expenditure until the Secretary of State
reports to the Committees on Appropriations that Ukraine has undertaken
significant economic reforms additional to those achieved in fiscal year
1998, and include: (1) reform and effective enforcement of commercial
and tax codes; and (2) continued progress on resolution of complaints by
United States investors: Provided further, That the report in the
previous proviso shall be provided 120 days after the date of enactment
of this Act: Provided further, That for the purposes of the agreement
with Ukraine submitted to the Congress under section 123 of the Atomic
Energy Act of 1954, as amended, the requirement to submit the agreement
and related documents to the Congress and the appropriate congressional
committees for the periods described in that Act shall be deemed
satisfied upon the enactment of this Act.
(h) The Coordinator for Assistance to the New Independent States of
the Former Soviet Union shall inform the Committees on Appropriations
prior to the obligation of funds made available under this heading for a
United States national lab to administer nuclear safety activities if
the management costs exceed 9 percent of the costs associated with the
program or activity.
Independent Agency
For expenses necessary to carry out the provisions of the Peace
Corps Act (75 Stat. 612), $240,000,000, 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, 2000.
Department of State
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $261,000,000: Provided, That none of the funds
under this heading may be made available to establish or operate an
International Law Enforcement Academy for the Western Hemisphere outside
the United States: Provided further, That
[[Page 112 STAT. 2681-162]]
in addition to any funds previously made available for an International
Law Enforcement Academy for the Western Hemisphere, not less than
$5,000,000 should be made available to establish and operate the
International Law Enforcement Academy for the Western Hemisphere at the
deBremond Training Center in Roswell, New Mexico: Provided further, That
during fiscal year 1999, 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.
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, a contribution to
the International Committee of the Red Cross, assistance to refugees,
including contributions to the International Organization for Migration
and the United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title 5,
United States Code; purchase and hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United States Code,
$640,000,000: Provided, That not more than $13,000,000 shall be
available for administrative expenses: Provided further, That not less
than $70,000,000 shall be made available for refugees from the former
Soviet Union and Eastern Europe and other refugees resettling in Israel.
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)), $30,000,000, 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 Migration and Refugee Assistance Act of 1962 which would limit
the amount of funds which could be appropriated for this purpose.
For necessary expenses for nonproliferation, anti-terrorism and
related programs and activities, $198,000,000, to carry out the
provisions of chapter 8 of part II of the Foreign Assistance Act of 1961
for anti-terrorism assistance, section 504 of the FREEDOM Support Act
for the Nonproliferation and Disarmament Fund, section 23 of the Arms
Export Control Act or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, section 301 of the Foreign Assistance Act of 1961 for a
voluntary contribution to the
[[Page 112 STAT. 2681-163]]
International Atomic Energy Agency (IAEA) and a voluntary contribution
to the Korean Peninsula Energy Development Organization (KEDO), and for
a United States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission: Provided, That the Secretary of State
shall inform the Committees on Appropriations at least twenty days prior
to the obligation of funds for the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission: Provided further, That of this amount not to
exceed $15,000,000, to remain available until expended, may be made
available for the Nonproliferation and Disarmament Fund, notwithstanding
any other provision of law, to promote bilateral and multilateral
activities relating to nonproliferation and disarmament: Provided
further, That such funds may also be used for such countries other than
the New 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 of the funds appropriated under this heading not
less than $35,000,000 should be made available for demining, clearance
of unexploded ordnance, and related activities: Provided further, That
of the funds made available for demining and related activities, not to
exceed $500,000, in addition to funds otherwise available for such
purposes, may be used for expenses related to the operation and
management of the demining program: 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.
Department of the Treasury
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying direct loans and loan guarantees, as the
President may determine, for which funds have been appropriated or
otherwise made available for programs within the International Affairs
Budget Function 150, including the cost of selling, reducing, or
canceling amounts, through debt buybacks and swaps, owed to the United
States as a result of concessional loans made to eligible Latin American
and Caribbean countries, pursuant to part IV of the Foreign Assistance
Act of 1961; 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 with any country in
sub-Saharan Africa, as authorized under section 572 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1989 (Public Law 100-461); and of modifying any obligation, or portion
of such obligation for Latin American countries to pay for purchases of
United States agricultural commodities guaranteed by the Commodity
Credit Corporation under export credit guarantee programs authorized
pursuant to section 5(f ) of the Commodity Credit Corporation Charter
Act of June 29, 1948, as amended, section 4(b) of the Food for Peace Act
of 1966, as amended (Public Law 89-808), or section 202 of the
Agricultural Trade Act of 1978, as amended (Public Law 95-501),
$33,000,000, to remain available
[[Page 112 STAT. 2681-164]]
until expended: Provided, That not to exceed $2,900,000 of such funds
may be used for implementation of improvements in the foreign credit
reporting system of the United States Government: 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: Provided further, That the authorities and
appropriation under this heading shall also satisfy the requirement of
section 808(a)(3) of part V of the Foreign Assistance Act, as amended,
for the purpose of debt buybacks and swaps which incur no costs (as
defined under section 502(5) of the Federal Credit Reform Act of 1990)
in fiscal year 1999.
For necessary expenses to carry out Department of the Treasury
international affairs technical assistance activities, $1,500,000, to
remain available until expended, which shall be available, pursuant to
section 589 of this Act, for economic technical assistance and for
related programs.
For the United States Community Adjustment and Investment Program
authorized by section 543 of the North American Free Trade Agreement
Implementation Act, $10,000,000 to remain available until September 30,
2000: 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 12916: Provided further, That no portion of such funds may be
transferred to the Bank unless the Secretary shall have first entered
into an agreement with the Bank that provides that any such funds may
not be used for the Bank's administrative expenses: Provided further,
That any funds transferred to the Bank under this head 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
head will be in addition to amounts otherwise provided to such agency:
Provided further, That any funds transferred to an agency under this
head shall be subject to the same terms and conditions as the account to
which transferred.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
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
[[Page 112 STAT. 2681-165]]
training may be provided under this heading may include civilians who
are not members of a government whose participation would contribute to
improved civil-military relations, civilian control of the military, or
respect for human rights: Provided further, That funds appropriated
under this heading for grant financed military education and training
for Indonesia and Guatemala may only be available for expanded
international military education and training and funds made available
for Guatemala may only be provided through the regular notification
procedures of the Committees on Appropriations: Provided further, That
none of the funds appropriated under this heading may be made available
to support grant financed military education and training at the School
of the Americas unless the Secretary of Defense certifies that the
instruction and training provided by the School of the Americas is fully
consistent with training and doctrine, particularly with respect to the
observance of human rights, provided by the Department of Defense to
United States military students at Department of Defense institutions
whose primary purpose is to train United States military personnel.
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$3,330,000,000: Provided, That of the funds appropriated under this
heading, not less than $1,860,000,000 shall be available for grants only
for Israel, and not less than $1,300,000,000 shall be made available for
grants only for Egypt: Provided further, That the funds appropriated by
this paragraph for Israel shall be disbursed within thirty days of
enactment of this Act or by October 31, 1998, whichever is later:
Provided further, That to the extent that the Government of Israel
requests that funds be used for such purposes, grants made available for
Israel by this paragraph shall, as agreed by Israel and the United
States, be available for advanced weapons systems, of which not less
than $490,000,000 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 $45,000,000 should be available for assistance
for Jordan: Provided further, That during fiscal year 1999 the President
is authorized to, and shall, direct drawdowns of defense articles from
the stocks of the Department of Defense, defense services of the
Department of Defense, and military education and training of an
aggregate value of not less than $25,000,000 under the authority of this
proviso for Jordan for the purposes of part II of the Foreign Assistance
Act of 1961: Provided further, That section 506(c) of the Foreign
Assistance Act of 1961 shall apply, and section 632(d) of the Foreign
Assistance Act of 1961 shall not apply, to any such drawdown: Provided
further, That none of the funds made available under this heading shall
be available for any non-NATO country participating in the Partnership
for Peace Program except through the regular notification procedures of
the Committees on Appropriations: 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 1999, the President is authorized to, and shall, direct the
drawdowns of defense articles from the stocks of the Department of
Defense, defense services of the Department of Defense, and
[[Page 112 STAT. 2681-166]]
military education and training of an aggregate value of not less than
$5,000,000 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 previous
proviso: Provided further, That section 506(c) of the Foreign Assistance
Act of 1961 shall apply and section 632(d) of the Foreign Assistance Act
of 1961 shall not apply to any such drawdown: Provided further, That
funds appropriated by this paragraph shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms Export Control
Act: Provided further, That funds made available under this heading
shall be obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a).
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of direct loans authorized by section 23 of the Arms Export
Control Act as follows: cost of direct loans, $20,000,000: Provided,
That these funds are available to subsidize gross obligations for the
principal amount of direct loans of not to exceed $167,000,000.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds: Provided,
That all country and funding level increases in allocations shall be
submitted through the regular notification procedures of section 515 of
this Act: Provided further, That none of the funds appropriated under
this heading shall be available for assistance for Sudan and Liberia:
Provided further, That funds made available under this heading may be
used, notwithstanding any other provision of law, for demining, the
clearance of unexploded ordnance, and related activities, and may
include activities implemented through nongovernmental and international
organizations: Provided further, That none of the funds under this
heading shall be available for assistance for Guatemala: Provided
further, That only those countries for which assistance was justified
for the ``Foreign Military Sales Financing Program'' in the fiscal year
1989 congressional presentation for security assistance programs may
utilize funds made available under this heading for procurement of
defense articles, defense services or design and construction services
that are not sold by the United States Government under the Arms Export
Control Act: Provided further, That, subject to the regular notification
procedures of the Committees on Appropriations, funds made available
under this heading for the cost of direct loans may also be used to
supplement the funds available under this heading for grants, and funds
made available under this heading for grants may also be used to
supplement the funds available under this heading for the cost of direct
loans: Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That not more than
$29,910,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military
[[Page 112 STAT. 2681-167]]
assistance and sales: Provided further, That not more than $340,000,000
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 1999 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.
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $76,500,000: 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
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United States
contribution to the Global Environment Facility (GEF), $192,500,000 to
remain available until expended for contributions previously due:
Provided, That such funds shall be subject to the regular notification
procedures of the Committees on Appropriations.
For payment to the International Development Association (IDA) by
the Secretary of the Treasury, $800,000,000, to remain available until
expended: Provided, That none of these funds may be obligated or
expended until the Secretary of the Treasury certifies that a procedure
has been established for the Comptroller General of the United States to
be provided full access to: (1) the financial and related records of the
International Bank for Reconstruction and Development and IDA for the
purposes of conducting audits of current loans and financial assistance
provided by these institutions; and (2) management personnel manuals,
procedures, and policy guidelines: Provided further, That following the
review conducted in the previous proviso, the Comptroller General shall
report to the Committees on Appropriations on the results of the audit
and recommendations to improve institutional financial and personnel
procedures, especially regarding the protection of individuals alleging
mismanagement, fraud, or abuses: Provided further, That at least ten
days prior to the obligation of funds appropriated under this heading
the Secretary of Treasury shall report to the Committees on
Appropriations of his intent to obligate such funds.
[[Page 112 STAT. 2681-168]]
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.
For payment to the Inter-American Bank by the Secretary of the
Treasury, for the United States share of the increase in resources for
the Fund for Special Operations, $21,152,000, to remain available until
expended for contributions previously due.
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.
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the Fund, $50,000,000 to remain available until expended
for contributions previously due.
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, $13,221,596, to remain available until
expended.
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 $647,858,204.
For the United States contribution by the Secretary of the Treasury
to the increases in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended (Public Law 89-
369), $210,000,000, to remain available until expended, of which
$187,000,000 shall be available for contributions previously due.
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, of which $88,300,000
shall be available for contributions previously due.
[[Page 112 STAT. 2681-169]]
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.
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, $187,000,000:
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 none of the funds appropriated under
this heading may be made available for the United Nations Population
Fund (UNFPA): 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 made available under this heading, may be provided to the
Climate Stabilization Fund until fifteen days after the Department of
State provides a report to the Committees on Foreign Relations and
Appropriations in the Senate and the Committees on International
Relations and Appropriations in the House of Representatives detailing
the number of Fund employees and associated salaries and the fiscal year
1998 and 1999 Fund activities, programs or projects and associated
costs: 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
Sec. 501. Except for the appropriations entitled ``International
Disaster Assistance'', and ``United States Emergency Refugee and
Migration Assistance Fund'', not more than 15 percent of any
appropriation item made available by this Act shall be obligated during
the last month of availability.
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.
[[Page 112 STAT. 2681-170]]
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.
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.
Sec. 505. Of the funds appropriated or made available pursuant to
this Act, not to exceed $95,000 shall be available for representation
allowances for the Agency for International Development during the
current fiscal year: Provided, That appropriate steps shall be taken to
assure that, to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars: Provided further, That of
the funds made available by this Act for general costs of administering
military assistance and sales under the heading ``Foreign Military
Financing Program'', not to exceed $2,000 shall be available for
entertainment expenses and not to exceed $50,000 shall be available for
representation allowances: Provided further, That of the funds made
available by this Act under the heading ``International Military
Education and Training '', not to exceed $50,000 shall be available for
entertainment allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not to exceed
$2,000 shall be available for entertainment and representation
allowances: Provided further, That of the funds made available by this
Act for the Peace Corps, not to exceed a total of $4,000 shall be
available for entertainment expenses: Provided further, That of the
funds made available by this Act under the heading ``Trade and
Development Agency'', not to exceed $2,000 shall be available for
representation and entertainment allowances.
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.
Sec. 507. None of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended to finance directly
any assistance or reparations to Cuba, Iraq, Libya, North Korea, Iran,
Sudan, or Syria: Provided, That for purposes of this section, the
prohibition on obligations or expenditures shall
[[Page 112 STAT. 2681-171]]
include direct loans, credits, insurance and guarantees of the Export-
Import Bank or its agents.
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.
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: Provided, That the exercise of such authority shall be subject
to the regular notification procedures of the Committees on
Appropriations.
Sec. 510. (a) Amounts certified pursuant to section 1311 of the
Supplemental Appropriations Act, 1955, as having been obligated against
appropriations heretofore made under the authority of the Foreign
Assistance Act of 1961 for the same general purpose as any of the
headings under title II of this Act are, if deobligated, hereby
continued available for the same period as the respective appropriations
under such headings or until September 30, 1999, whichever is later, and
for the same general purpose, and for countries within the same region
as originally obligated: Provided, That the Appropriations Committees of
both Houses of the Congress are notified 15 days in advance of the
reobligation of such funds in accordance with regular notification
procedures of the Committees on Appropriations.
(b) Obligated balances of funds appropriated to carry out section 23
of the Arms Export Control Act as of the end of the fiscal year
immediately preceding the current fiscal year are, if deobligated,
hereby continued available during the current fiscal year for the same
purpose under any authority applicable to such appropriations under this
Act: Provided, That the authority of this subsection may not be used in
fiscal year 1999.
Sec. 511. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1, 8, and 11 of part I,
section 667, and chapter 4 of part II of the Foreign Assistance Act of
1961, as amended, and funds provided under the heading ``Assistance for
Eastern Europe and the Baltic
[[Page 112 STAT. 2681-172]]
States'', shall remain available until expended if such funds are
initially obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of payments
or economic policy reform objectives, shall remain available until
expended: Provided further, That the report required by section 653(a)
of the Foreign Assistance Act of 1961 shall designate for each country,
to the extent known at the time of submission of such report, those
funds allocated for cash disbursement for balance of payment and
economic policy reform purposes.
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 in this
Act or during the current fiscal year for Nicaragua, Brazil, Liberia,
and for any narcotics-related assistance for Colombia, Bolivia, and Peru
authorized by the Foreign Assistance Act of 1961 or the Arms Export
Control Act.
Sec. 513. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant to this Act to the Export-Import Bank
and the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the commodity
is likely to be in surplus on world markets at the time the resulting
productive capacity is expected to become operative and if the
assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the judgment
of its Board of Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United States
producers of the same, similar, or competing commodity, and the Chairman
of the Board so notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act to carry
out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
available for any testing or breeding feasibility study, variety
improvement or introduction, consultancy, publication, conference, or
training in connection with the growth or production in a foreign
country of an agricultural commodity for export which would compete with
a similar commodity grown or produced in the United States: Provided,
That this subsection shall not prohibit--
[[Page 112 STAT. 2681-173]]
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact in the export of agricultural commodities of
the United States; or
(2) research activities intended primarily to benefit
American producers.
Sec. 514. <> (a) The Secretary of the Treasury
shall instruct the United States Executive Directors of the
International Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Inter-American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment Corporation, the
North American Development Bank, the European Bank for Reconstruction
and Development, the African Development Bank, and the African
Development Fund to use the voice and vote of the United States to
oppose any assistance by these institutions, using funds appropriated or
made available pursuant to this Act, for the production or extraction of
any commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to United
States producers of the same, similar, or competing commodity.
(b) The Secretary of the Treasury should instruct the United States
executive directors of international financial institutions listed in
subsection (a) of this section to use the voice and vote of the United
States to support the purchase of American produced agricultural
commodities with funds appropriated or made available pursuant to this
Act.
Sec. 515. (a) For the purposes of providing the executive branch
with the necessary administrative flexibility, none of the funds made
available under this Act for ``Child Survival and Disease Programs
Fund'', ``Development assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International narcotics
control and law enforcement'', ``Assistance for Eastern Europe and the
Baltic States'', ``Assistance for the New 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'', ``Migration and refugee assistance'', shall be available for
obligation for activities, programs, projects, type of materiel
assistance, countries, or other operations not justified or in excess of
the amount justified to the Appropriations Committees for obligation
under any of these specific headings unless the Appropriations
Committees of both Houses of Congress are previously notified 15 days in
advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23 of the
Arms Export Control Act for the provision of major defense equipment,
other than conventional ammunition, or other major defense items defined
to be aircraft, ships, missiles, or combat vehicles, not
[[Page 112 STAT. 2681-174]]
previously justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on Appropriations
are notified 15 days in advance of such commitment: Provided further,
That this section shall not apply to any reprogramming for an activity,
program, or project under chapter 1 of part I of the Foreign Assistance
Act of 1961 of less than 10 percent of the amount previously justified
to the Congress for obligation for such activity, program, or project
for the current fiscal year: Provided further, That the requirements of
this section or any similar provision of this Act or any other Act,
including any prior Act requiring notification in accordance with the
regular notification procedures of the Committees on Appropriations, may
be waived if failure to do so would pose a substantial risk to human
health or welfare: Provided further, That in case of any such waiver,
notification to the Congress, or the appropriate congressional
committees, shall be provided as early as practicable, but in no event
later than three days after taking the action to which such notification
requirement was applicable, in the context of the circumstances
necessitating such waiver: Provided further, That any notification
provided pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
(b) Drawdowns made pursuant to section 506(a)(2) of the Foreign
Assistance Act of 1961 shall be subject to the regular notification
procedures of the Committees on Appropriations.
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, 2000:
Provided,That <> section 307(a) of the Foreign Assistance Act of 1961, is
amended by inserting before the period at the end thereof ``, or at the
discretion of the President, Communist countries listed in section
620(f) of this Act''.
Sec. 517. (a) None of the funds appropriated under the heading
``Assistance for the New Independent States of the Former Soviet Union''
shall be made available for assistance for a Government of the New
Independent States of the former Soviet Union--
(1) unless that Government is making progress in
implementing comprehensive economic reforms based on market
principles, private ownership, respect for commercial contracts,
and equitable treatment of foreign private investment; and
(2) if that Government applies or transfers United States
assistance to any entity for the purpose of expropriating or
seizing ownership or control of assets, investments, or
ventures.
Assistance may be furnished without regard to this subsection if the
President determines that to do so is in the national interest.
(b) <> None of the funds appropriated
under the heading ``Assistance for the New Independent States of the
Former Soviet Union''
[[Page 112 STAT. 2681-175]]
shall be made available for assistance for a Government of the New
Independent States of the former Soviet Union if that government directs
any action in violation of the territorial integrity or national
sovereignty of any other new independent state, such as those violations
included in the Helsinki Final Act: Provided, That such funds may be
made available without regard to the restriction in this subsection if
the President determines that to do so is in the national security
interest of the United States.
(c) None of the funds appropriated under the heading ``Assistance
for the New Independent States of the Former Soviet Union'' shall be
made available for any state to enhance its military capability:
Provided, That this restriction does not apply to demilitarization,
demining or nonproliferation programs.
(d) Funds appropriated under the heading ``Assistance for the New
Independent States of the Former Soviet Union'' shall be subject to the
regular notification procedures of the Committees on Appropriations.
(e) Funds made available in this Act for assistance to the New
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 New
Independent States of the Former Soviet Union may be deposited by such
Fund in interest-bearing accounts prior to the disbursement of such
funds by the Fund for program purposes. The Fund may retain for such
program purposes any interest earned on such deposits without returning
such interest to the Treasury of the United States and without further
appropriation by the Congress. Funds made available for Enterprise Funds
shall be expended at the minimum rate necessary to make timely payment
for projects and activities.
(g) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated in this Act or prior appropriations Acts
under the heading ``Assistance for the New Independent States of the
Former Soviet Union'' for projects or activities that have as one of
their primary purposes the fostering of private sector development, the
Coordinator for United States Assistance to the New Independent States
and the implementing agency shall encourage the participation of and
give significant weight to contractors and grantees who propose
investing a significant amount of their own resources (including
volunteer services and in-kind contributions) in such projects and
activities.
(h)(1) Withholding of Assistance.--None of the funds appropriated by
this Act may be made available for assistance for the Government of the
Russian Federation, after 180 days from the date of enactment of this
Act, until agreement has been reached that assistance provided with
funds appropriated by this Act will not be subject to customs duties or
that legislation has been enacted and is in force that exempts such
assistance from being subject to customs duties.
(2) Waiver.--Notwithstanding paragraph (1), assistance may be
provided for the Government of the Russian Federation if the President
determines that significant progress has been made on reaching an
agreement, or enacting and enforcing legislation, that meets the
objectives of this section to provide exemption from customs duties for
assistance furnished under this Act.
[[Page 112 STAT. 2681-176]]
Sec. 518. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide any
financial incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use of these
funds by any such country or organization would violate any of the above
provisions related to abortions and involuntary sterilizations:
Provided, That none of the funds made available under this Act may be
used to lobby for or against abortion.
Sec. 519. Section 105 of Public Law 104-164 (110 Stat. 1427) is
amended by striking ``1996 and 1997'' and inserting ``1999 and 2000''.
Sec. 520. None of the funds appropriated by this Act shall be
obligated or expended for Colombia, Honduras, Haiti, Liberia, Pakistan,
Serbia, Sudan, or the Democratic Republic of Congo except as provided
through the regular notification procedures of the Committees on
Appropriations.
Sec. 521. For the purpose of this Act, ``program, project, and
activity'' shall be defined at the appropriations Act account level and
shall include all appropriations and authorizations Acts earmarks,
ceilings, and limitations with the exception that for the following
accounts: Economic Support Fund and Foreign Military Financing Program,
``program, project, and activity'' shall also be considered to include
country, regional, and central program level funding within each such
account; for the development assistance accounts of the Agency for
International Development ``program, project, and activity'' shall also
be considered to include central program level funding, either as: (1)
justified to the Congress; or (2) allocated by the executive branch in
accordance with a report, to be provided to the Committees on
Appropriations within 30 days of enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
[[Page 112 STAT. 2681-177]]
Sec. 522. Up to $10,000,000 of the funds made available by this Act
for assistance for family planning, health, child survival, basic
education, AIDS and other infectious diseases, 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 family planning activities, child survival, and basic
education activities, and activities relating to research on, and the
prevention, treatment and control of acquired immune deficiency syndrome
or other diseases in developing countries: Provided, That funds
appropriated by this Act that are made available for child survival
activities or disease programs including activities relating to research
on, and the prevention, treatment and control of, acquired immune
deficiency syndrome may be made available notwithstanding any provision
of law that restricts assistance to foreign countries: Provided further,
That funds appropriated under title II of this Act may be made available
pursuant to section 301 of the Foreign Assistance Act of 1961 if a
primary purpose of the assistance is for child survival and related
programs: Provided further, That funds appropriated by this Act that are
made available for family planning activities may be made available
notwithstanding section 512 of this Act and section 620(q) of the
Foreign Assistance Act of 1961.
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.
Sec. 524. Section 61(a) of the Arms Export Control Act is
amended <> by striking out ``1998'' and inserting in lieu thereof ``the
current fiscal year''.
Sec. 525. 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 (c) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular notification
procedures of such Committees: Provided further, That such Committees
shall also be informed of the original acquisition cost of such defense
articles.
[[Page 112 STAT. 2681-178]]
Sec. 526. 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.
Sec. 527. 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 for nongovernmental organizations located outside the People's
Republic of China that have as their primary purpose fostering democracy
in that country, and for activities of nongovernmental organizations
located outside the People's Republic of China to foster democracy in
that country: Provided, That none of the funds made available for
activities to foster democracy in the People's Republic of China may be
made available for assistance to the government of that country.
Sec. 528. (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 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 fifteen
days before the waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for the
waiver) in accordance with the regular notification procedures of the
Committees on Appropriations.
Sec. 529. <> 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.
[[Page 112 STAT. 2681-179]]
Sec. 530. All Agency for International Development contracts and
solicitations, and subcontracts entered into under such contracts, shall
include a clause requiring that United States insurance companies have a
fair opportunity to bid for insurance when such insurance is necessary
or appropriate.
Sec. 531. Except as provided in section 581 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990, the United States may not sell or otherwise make available any
Stingers to any country bordering the Persian Gulf under the Arms Export
Control Act or chapter 2 of part II of the Foreign Assistance Act of
1961.
Sec. 532. In order to enhance the continued participation of
nongovernmental organizations in economic assistance activities under
the Foreign Assistance Act of 1961, including endowments, debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the Agency for
International Development may place in interest bearing accounts funds
made available under this Act or prior Acts or local currencies which
accrue to that organization as a result of economic assistance provided
under title II of this Act and any interest earned on such investment
shall be used for the purpose for which the assistance was provided to
that organization.
Sec. 533. <> (a) Separate Accounts for
Local Currencies.--(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961 under agreements which result
in the generation of local currencies of that country, the Administrator
of the Agency for International Development shall--
(A) require that local currencies be deposited in a separate
account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be
generated, and
(ii) the terms and conditions under which the
currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of the Agency for International Development and
that government to monitor and account for deposits into and
disbursements from the separate account.
(2) Uses of Local Currencies.--As may be agreed upon with the
foreign government, local currencies deposited in a separate account
pursuant to subsection (a), or an equivalent amount of local currencies,
shall be used only--
(A) to carry out chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), for such purposes as--
(i) project and sector assistance activities, or
[[Page 112 STAT. 2681-180]]
(ii) debt and deficit financing, or
(B) for the administrative requirements of the United States
Government.
(3) Programming Accountability.--The Agency for International
Development shall take all necessary steps to ensure that the equivalent
of the local currencies disbursed pursuant to subsection (a)(2)(A) from
the separate account established pursuant to subsection (a)(1) are used
for the purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of Assistance Programs.--Upon termination of
assistance to a country under chapters 1 or 10 of part I or chapter 4 of
part II (as the case may be), any unencumbered balances of funds which
remain in a separate account established 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) Conforming Amendments.--The tenth and eleventh provisos
contained under the heading ``Sub-Saharan Africa, Development
Assistance'' as included in the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1989 and sections 531(d) and
609 of the Foreign Assistance Act of 1961 are <> repealed.
(6) Reporting Requirement.--The Administrator of the Agency for
International Development shall report on an annual basis as part of the
justification documents submitted to the Committees on Appropriations on
the use of local currencies for the administrative requirements of the
United States Government as authorized in subsection (a)(2)(B), and such
report shall include the amount of local currency (and United States
dollar equivalent) used and/or to be used for such purpose in each
applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If assistance is made
available to the government of a foreign country, under chapters 1 or 10
of part I or chapter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of Other Provisions of Law.--Such funds may be
obligated and expended notwithstanding provisions of law which are
inconsistent with the nature of this assistance including provisions
which are referenced in the Joint Explanatory Statement of the Committee
of Conference accompanying House Joint Resolution 648 (H. Report No. 98-
1159).
(3) Notification.--At least fifteen days prior to obligating any
such cash transfer or nonproject sector assistance, the President shall
submit a notification through the regular notification procedures of the
Committees on Appropriations, which shall include a detailed description
of how the funds proposed to be made available will be used, with a
discussion of the United States interests that will be served by the
assistance (including, as appropriate, a description of the economic
policy reforms that will be promoted by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be exempt
from the requirements of subsection (b)(1) only through the notification
procedures of the Committees on Appropriations.
[[Page 112 STAT. 2681-181]]
Sec. 534. (a) No funds appropriated by this Act may be made as
payment to any international financial institution while the United
States Executive Director to such institution is compensated by the
institution at a rate which, together with whatever compensation such
Director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code, or
while any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.
Sec. <> 535. 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.
Sec. 536. <> Direct costs
associated with meeting a foreign customer's additional or unique
requirements will continue to be allowable under contracts under section
22(d) of the Arms Export Control Act. Loadings applicable to such direct
costs shall be permitted at the same rates applicable to procurement of
like items purchased by the Department of Defense for its own use.
Sec. 537. (a) Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act, or the African
[[Page 112 STAT. 2681-182]]
Development Foundation Act. The appropriate agency shall promptly
report to the Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country for which
assistance is prohibited.
(b) Unless expressly provided to the contrary, limitations on the
availability of funds for ``International Organizations and Programs''
in this or any other Act, including prior appropriations Acts, shall not
be construed to be applicable to the International Fund for Agricultural
Development.
Sec. 538. None of the funds appropriated by this Act may be
obligated or expended to provide--
(a) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(b) assistance for the purpose of establishing or developing
in a foreign country any export processing zone or designated
area in which the tax, tariff, labor, environment, and safety
laws of that country do not apply, in part or in whole, to
activities carried out within that zone or area, unless the
President determines and certifies that such assistance is not
likely to cause a loss of jobs within the United States; or
(c) assistance for any project or activity that contributes
to the violation of internationally recognized workers rights,
as defined in section 502(a)(4) of the Trade Act of 1974, of
workers in the recipient country, including any designated zone
or area in that country: Provided, That in recognition that the
application of this subsection should be commensurate with the
level of development of the recipient country and sector, the
provisions of this subsection shall not preclude assistance for
the informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
Sec. 539. <> (a) Restrictions.--None of the
funds in this or any other Act may be made available to modify or remove
any sanction, prohibition or requirement with respect to Serbia-
Montenegro unless the President first submits to the Congress a
certification described in subsection (c).
(b) International Financial Institutions.--The Secretary of the
Treasury shall instruct the United States executive directors of the
international financial institutions to work in opposition to, and vote
against, any extension by such institutions of any financial or
technical assistance or grants of any kind to the government of Serbia-
Montenegro, unless the President first submits to the Congress a
certification described in subsection (c).
(c) Certification.--A certification described in this subsection is
a certification that--
(1) there is substantial improvement in the human rights
situation in Kosova;
[[Page 112 STAT. 2681-183]]
(2) international human rights observers are allowed to
return to Kosova;
(3) Serbian, Serbian-Montenegrin federal government
officials, and representatives of the ethnic Albanian community
in Kosova have agreed on and begun implementation of a
negotiated settlement on the future status of Kosova; and
(4) the government of Serbia-Montenegro is fully complying
with its obligations as a signatory to the General Framework
Agreement for Peace in Bosnia-Herzegovina including fully
cooperating with the International Criminal Tribunal for the
Former Yugoslavia.
(d) Waiver Authority.--The President may waive the application, in
whole or in part, of subsections (a) and (b) if he certifies in writing
to the Congress that the waiver is necessary to meet emergency
humanitarian needs or to advance negotiations toward a peaceful
settlement of the conflict in Kosova that is acceptable to the parties.
(e) Exemption for Montenegro.--This section shall not apply to
Montenegro.
Sec. 540. (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.
(b) Funds appropriated by this Act to carry out the provisions of
sections 103 through 106 of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and biodiversity conservation activities
and, subject to the regular notification procedures of the Committees on
Appropriations, energy programs aimed at reducing greenhouse gas
emissions: Provided, That such assistance shall be subject to sections
116, 502B, and 620A of the Foreign Assistance Act of 1961.
(c) The Agency for International Development may employ personal
services contractors, notwithstanding any other provision of law, for
the purpose of administering programs for the West Bank and Gaza.
(d)(1) Waiver.--The President may waive the provisions of section
1003 of Public Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives and the President
pro tempore of the Senate that it is important to the national security
interests of the United States.
(2) Period of Application of Waiver.--Any waiver pursuant to
paragraph (1) shall be effective for no more than a period of six months
at a time and shall not apply beyond twelve months after enactment of
this Act.
Sec. 541. It is the sense of the Congress that--
(1) the Arab League countries should immediately and
publicly renounce the primary boycott of Israel and the
secondary and tertiary boycott of American firms that have
commercial ties with Israel;
[[Page 112 STAT. 2681-184]]
(2) the decision by the Arab League in 1997 to reinstate the
boycott against Israel was deeply troubling and disappointing;
(3) the Arab League should immediately rescind its decision
on the boycott and its members should develop normal relations
with their neighbor Israel; and
(4) the President should--
(A) take more concrete steps to encourage vigorously
Arab League countries to renounce publicly the primary
boycotts of Israel and the secondary and tertiary
boycotts of American firms that have commercial
relations with Israel as a confidence-building measure;
(B) take into consideration the participation of any
recipient country in the primary boycott of Israel and
the secondary and tertiary boycotts of American firms
that have commercial relations with Israel when
determining whether to sell weapons to said country;
(C) report to Congress on the specific steps being
taken by the President to bring about a public
renunciation of the Arab primary boycott of Israel and
the secondary and tertiary boycotts of American firms
that have commercial relations with Israel and to expand
the process of normalizing ties between Arab League
countries and Israel; and
(D) encourage the allies and trading partners of the
United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses
that do comply.
Sec. 542. (a) Of the funds appropriated by this Act for ``Economic
Support Fund'', assistance may be provided to strengthen the
administration of justice in countries in Latin America and the
Caribbean and in other regions consistent with the provisions of section
534(b) of the Foreign Assistance Act of 1961, except that programs to
enhance protection of participants in judicial cases may be conducted
notwithstanding section 660 of that Act.
(b) Funds made available pursuant to this section may be made
available notwithstanding section 534(c) and the second and third
sentences of section 534(e) of the Foreign Assistance Act of 1961.
Sec. 543. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
and 11 of part I and chapter 4 of part II of the Foreign Assistance Act
of 1961, and from funds appropriated under the heading ``Assistance for
Eastern Europe and the Baltic States'': Provided, That the President
shall take into consideration, in any case in which a restriction on
assistance would be applicable but for this subsection, whether
assistance in support of programs of nongovernmental organizations is in
the national interest of the United States: Provided further, That
before using the authority of this subsection to furnish assistance
[[Page 112 STAT. 2681-185]]
in support of programs of nongovernmental organizations, the President
shall notify the Committees on Appropriations under the regular
notification procedures of those committees, including a description of
the program to be assisted, the assistance to be provided, and the
reasons for furnishing such assistance: Provided further, That nothing
in this subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations contained in
this or any other Act.
(b) Public Law 480.--During fiscal year 1999, restrictions contained
in this or any other Act with respect to assistance for a country shall
not be construed to restrict assistance under the Agricultural Trade
Development and Assistance Act of 1954: Provided, That none of the funds
appropriated to carry out title I of such Act and made available
pursuant to this subsection may be obligated or expended except as
provided through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act 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.
Sec. 544. (a) Funds appropriated by this Act which are earmarked may
be reprogrammed for other programs within the same account
notwithstanding the earmark if compliance with the earmark is made
impossible by operation of any provision of this or any other Act or,
with respect to a country with which the United States has an agreement
providing the United States with base rights or base access in that
country, if the President determines that the recipient for which funds
are earmarked has significantly reduced its military or economic
cooperation with the United States since enactment of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1991; however, before exercising the authority of this subsection with
regard to a base rights or base access country which has significantly
reduced its military or economic cooperation with the United States, the
President shall consult with, and shall provide a written policy
justification to the Committees on Appropriations: Provided, That any
such reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
assistance that is reprogrammed pursuant to this subsection shall be
made available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the Agency for International Development that are
earmarked for particular programs or activities by this or any other Act
shall be extended for an additional fiscal year if the Administrator of
such agency determines and reports promptly to the Committees on
Appropriations that the termination of assistance to a country or a
significant change in circumstances makes it unlikely that such
earmarked funds can be obligated during the original period of
availability: Provided, That such
[[Page 112 STAT. 2681-186]]
earmarked funds that are continued available for an additional fiscal
year shall be obligated only for the purpose of such earmark.
Sec. 545. 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.
Sec. 546. 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 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.
Sec. 547. (a) To the maximum extent possible, assistance provided
under this Act should make full use of American resources, including
commodities, products, and services.
(b) It is the sense of the Congress that, to the greatest extent
practicable, all agriculture commodities, equipment and products
purchased with funds made available in this Act should be American-made.
(c) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (b) by the Congress.
Sec. 548. 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.
Sec. 549. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to section
3109 of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order pursuant to existing law.
Sec. 550. None of the funds appropriated or made available pursuant
to this Act shall be available to a private voluntary organization which
fails to provide upon timely request any document, file, or record
necessary to the auditing requirements of the Agency for International
Development.
[[Page 112 STAT. 2681-187]]
Sec. 551. (a) None of the funds appropriated or otherwise made
available by this Act may be available to any foreign government which
provides lethal military equipment to a country the government of which
the Secretary of State has determined is a terrorist government for
purposes of section 40(d) of the Arms Export Control Act or any other
comparable provision of law. 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 estimated
to be provided, including the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers United
States national interests.
Sec. 552. (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 enactment of this Act shall be withheld from obligation
for such country until the Secretary of State certifies and reports in
writing to the appropriate congressional committees that such fines and
penalties are fully paid to the government of the District of Columbia.
(b) Definition.--For purposes of this section, the term
``appropriate congressional committees'' means the Committee on Foreign
Relations and the Committee on Appropriations of the Senate and the
Committee on International Relations and the Committee on Appropriations
of the House of Representatives.
Sec. 553. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation Organization for
the West Bank and Gaza unless the President has exercised the authority
under section 604(a) of the Middle East Peace Facilitation Act of 1995
(title VI of Public Law 104-107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act of 1961 and
that suspension is still in effect: Provided, That if the President
fails to make the certification under section 604(b)(2) of the Middle
East Peace Facilitation Act of 1995 or to suspend the prohibition under
other legislation, funds
[[Page 112 STAT. 2681-188]]
appropriated by this Act may not be obligated for assistance for the
Palestine Liberation Organization for the West Bank and Gaza.
Sec. 554. If the President determines that doing so will contribute
to a just resolution of charges regarding genocide or other violations
of international humanitarian law, the President may direct a drawdown
pursuant to section 552(c) of the Foreign Assistance Act of 1961, as
amended, of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish to deal with such
violations, without regard to the ceiling limitation contained in
paragraph (2) thereof: Provided, That the determination required under
this section shall be in lieu of any determinations otherwise required
under section 552(c): Provided further, That sixty days after
the <> date of enactment of this Act,
and every one hundred eighty days thereafter, the Secretary of State
shall submit a report to the Committees on Appropriations describing the
steps the United States Government is taking to collect information
regarding allegations of genocide or other violations of international
law in the former Yugoslavia and to furnish that information to the
United Nations War Crimes Tribunal for the former Yugoslavia: Provided
further, That the drawdown made under this section for any tribunal
shall not be construed as an endorsement or precedent for the
establishment of any standing or permanent international criminal
tribunal or court: Provided further, That funds made available for
tribunals or commissions other than for Yugoslavia or Rwanda shall be
made available subject to the regular notification procedures of the
Committees on Appropriations.
Sec. 555. 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.
Sec. 556. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a new office of
any department or agency of the United States Government for the purpose
of conducting official United States Government business with the
Palestinian Authority over Gaza and Jericho or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate General in
Jerusalem: Provided further, That meetings between officers and
employees of the United States and officials of the Palestinian
Authority, or any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles, for the purpose of conducting
official United States Government business with such authority should
continue to take place in
[[Page 112 STAT. 2681-189]]
locations other than Jerusalem. As has been true in the past, officers
and employees of the United States Government may continue to meet in
Jerusalem on other subjects with Palestinians (including those who now
occupy positions in the Palestinian Authority), have social contacts,
and have incidental discussions.
Sec. 557. None of the funds appropriated or otherwise made available
by this Act under the heading ``International Military Education and
Training '' or ``Foreign Military Financing Program'' for Informational
Program activities may be obligated or expended to pay for--
(1) alcoholic beverages;
(2) food (other than food provided at a military
installation) not provided in conjunction with Informational
Program trips where students do not stay at a military
installation; or
(3) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events and amusement parks.
Sec. 558. Not more than 17 percent of the funds appropriated by this
Act to carry out the provisions of sections 103 through 106 and chapter
4 of part II of the Foreign Assistance Act of 1961, that are made
available for Latin America and the Caribbean region may be made
available, through bilateral and Latin America and the Caribbean
regional programs, to provide assistance for any country in such region.
Sec. 559. (a) Authority To Reduce Debt.--The President may reduce
amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation for a Latin
American country, to pay for purchases of United States
agricultural commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs authorized
pursuant to section 5(f ) of the Commodity Credit Corporation
Charter Act of June 29, 1948, as amended, section 4(b) of the
Food for Peace Act of 1966, as amended (Public Law 89-808), or
section 202 of the Agricultural Trade Act of 1978, as amended
(Public Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief ad
referendum agreements, commonly referred to as ``Paris Club
Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
[[Page 112 STAT. 2681-190]]
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt burdens
that are eligible to borrow from the International Development
Association, but not from the International Bank for
Reconstruction and Development, commonly referred to as ``IDA-
only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading ``Debt restructuring ''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant
to subsection (a) shall not be considered assistance for purposes of any
provision of law limiting assistance to a country. The authority
provided by subsection (a) may be exercised notwithstanding section
620(r) of the Foreign Assistance Act of 1961.
Sec. 560. (a) Loans Eligible for Sale, Reduction, or Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may,
in accordance with this section, sell to any eligible purchaser
any concessional loan or portion thereof made before January 1,
1995, pursuant to the Foreign Assistance Act of 1961, to the
government of any eligible country as defined in section 702(6)
of that Act or on receipt of payment from an eligible purchaser,
reduce or cancel such loan or portion thereof, only for the
purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own
qualified debt, only if the eligible country uses an
additional amount of the local currency of the eligible
country, equal to not less than 40 percent of the price
paid for such debt by such eligible country, or the
difference between the price paid for such debt and the
face value of such debt, to support activities that link
conservation and sustainable use of natural resources
with local community development, and child survival and
other child development, in a manner consistent with
sections 707 through 710 of the Foreign Assistance Act
of 1961, if the sale, reduction, or cancellation would
not contravene any term or condition of any prior
agreement relating to such loan.
[[Page 112 STAT. 2681-191]]
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with this
section, establish the terms and conditions under which loans
may be sold, reduced, or canceled pursuant to this section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify the
administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible, and
shall direct such agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such agency
shall make an adjustment in its accounts to reflect the sale,
reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall be
available only to the extent that appropriations for the cost of
the modification, as defined in section 502 of the Congressional
Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section, of
any loan made to an eligible country, the President should consult with
the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading ``Debt restructuring ''.
Sec. 561. (a) Limitation.--Funds appropriated by this Act may be
made available for assistance for the central Government of Haiti only
if the President reports to the Committee on Appropriations and the
Committee on International Relations of the House of Representatives and
the Committee on Appropriations and the Committee on Foreign Relations
of the Senate that the Government of Haiti--
(1) has completed privatization of (or placed under long-
term private management or concession) three major public
entities including the completion of all required incorporating
documents, the transfer of assets, and the eviction of
unauthorized occupants of the land or facility;
(2) has re-signed or is implementing the bilateral
Repatriation Agreement with the United States and in the
preceding six months that the central Government of Haiti is
cooperating with the United States in halting illegal emigration
from Haiti;
(3) is conducting thorough investigations of extrajudicial
and political killings and has made substantial progress in
bringing to justice a person or persons responsible for one or
more extrajudicial or political killings in Haiti, and is
[[Page 112 STAT. 2681-192]]
cooperating with United States authorities and with United
States-funded technical advisors to the Haitian National Police
in such investigations;
(4) has taken action to remove from the Haitian National
Police, national palace and residential guard, ministerial
guard, and any other public security entity or unit of Haiti
those individuals who are credibly alleged to have engaged in or
conspired to conceal gross violations of internationally
recognized human rights or credibly alleged to have engaged in
or conspired to engage in narcotics trafficking; and
(5) has ratified or is implementing the maritime counter-
narcotics agreements signed in October 1997.
(b) Availability of Electoral Assistance.--The limitation in
subsection (a) shall not apply to funds appropriated by this Act that
are made available to support elections in Haiti if the President
reports to the Congress that the central Government of Haiti:
(1) has achieved a transparent settlement of the contested
April 1997 elections; and
(2) has made concrete progress on the constitution of a
credible and competent provisional electoral council that is
acceptable to a broad spectrum of political parties and civic
groups.
(c) Exceptions.--The limitations in subsections (a) and (b) shall
not apply to the provision of--
(1) counter-narcotics assistance, support for the Haitian
National Police's Special Investigations Unit and anti-
corruption programs, the International Criminal Investigative
Assistance Program, and assistance in support of Haitian customs
and maritime officials;
(2) food assistance management and support;
(3) assistance for urgent humanitarian needs, such as
medical and other supplies and services in support of community
health services, schools, and orphanages; and
(4) not more than $3,000,000 for the development and support
of political parties and civic groups.
(d) Waiver.--At any time after 150 days from the date of enactment
of this Act, the Secretary of State may waive the requirements contained
in subsection (a)(1) if she reports to the Committees specified in
subsection (a) that the Government of Haiti has satisfied the
requirements of subsection (a)(1) with regard to one major public entity
and has satisfied the remaining requirements of subsection (a).
(e) Reports.--The Secretary of State shall provide to the Committees
specified in subsection (a) on a quarterly basis--
(1) in consultation with the Secretary of Defense and the
Administrator of the Drug Enforcement Administration, a report
on the status and number of United States personnel deployed in
and around Haiti on Department of Defense, Drug Enforcement
Administration, and United Nations missions, including displays
by functional or operational assignment for such personnel and
the cost to the United States of these operations; and
(2) the monthly reports, prepared during the previous
quarter, of the Organization of American States/United Nations
International Civilian Mission to Haiti (MICIVIH).
[[Page 112 STAT. 2681-193]]
(f) Administration of Justice Assistance.--(1) The limitation in
subsection (a) shall not apply to funds appropriated under this Act that
are made available for the Ministry of Justice for the training of
judges if the President determines and reports 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 Haiti's Minister of
Justice--
(A) has demonstrated a commitment to the professionalism of
judicial personnel by consistently placing students graduated by
the Judicial School in appropriate judicial positions and has
made a commitment to share program costs associated with the
Judicial School; and
(B) is making progress in making the judicial branch in
Haiti independent from the executive branch.
(2) The limitation in subsection (a) shall not apply to funds to
support the training of prosecutors, judicial mentoring, legal
assistance, and case management.
Sec. 562. <> (a) Foreign Aid Reporting
Requirement.--In addition to the voting practices of a foreign country,
the report required to be submitted to Congress under section 406(a) of
the Foreign Relations Authorization Act, fiscal years 1990 and 1991 (22
U.S.C. 2414a), shall include a side-by-side comparison of individual
countries' overall support for the United States at the United Nations
and the amount of United States assistance provided to such country in
fiscal year 1998.
(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)).
Sec. 563. (a) Prohibition on Voluntary Contributions for the United
Nations.--None of the funds appropriated by this Act may be made
available to pay any voluntary contribution of the United States to the
United Nations (including the United Nations Development Program) if the
United Nations implements or imposes any taxation on any United States
persons.
(b) Certification Required for Disbursement of Funds.--None of the
funds appropriated by this Act may be made available to pay any
voluntary contribution of the United States to the United Nations
(including the United Nations Development Program) unless the President
certifies to the Congress 15 days in advance of such payment that the
United Nations is not engaged in any effort to implement or impose any
taxation on United States persons in order to raise revenue for the
United Nations or any of its specialized agencies.
(c) Definitions.--As used in this section the term ``United States
person'' refers to--
(1) a natural person who is a citizen or national of the
United States; or
[[Page 112 STAT. 2681-194]]
(2) a corporation, partnership, or other legal entity
organized under the United States or any State, territory,
possession, or district of the United States.
Sec. 564. Not later than ninety days after enactment of this Act,
the Secretary of Labor shall provide to the Committees on Appropriations
a report addressing labor practices in Burma: Provided, That the report
shall provide comprehensive details on child labor practices, worker's
rights, forced relocation of laborers, forced labor performed to support
the tourism industry, and forced labor performed in conjunction with,
and in support of, the Yadonna gas pipeline: Provided further, That the
report should address whether the government is in compliance with
international labor standards: Provided further, That the report should
provide details regarding the United States government's efforts to
address and correct practices of forced labor in Burma.
Sec. 565. 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.
Sec. 566. (a) Prohibition of Funds.--None of the funds appropriated
by this Act to carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 may be obligated or expended with respect
to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives and the President pro tempore of the Senate that
waiving such prohibition is important to the national security interests
of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of six
months at a time and shall not apply beyond twelve months after
enactment of this Act.
Sec. 567. None of the funds appropriated by title II of this Act may
be made available to the Government of Croatia to relocate the remains
of Croatian Ustashe soldiers, at the site of the World War II
concentration camp at Jasenovac, Croatia.
Sec. 568. 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
[[Page 112 STAT. 2681-195]]
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.
Sec. 569. 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 United States expects that the items
will not be used in East Timor: Provided, That nothing in this section
shall be construed to limit Indonesia's inherent right to legitimate
national self-defense as recognized under the United Nations Charter and
international law.
Sec. 570. (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 canton described in subsection (e).
(b) Multilateral Assistance.--
(1) Prohibition.--The Secretary of the Treasury shall
instruct the United States executive directors of the
international financial institutions to work in opposition to,
and vote against, any extension by such institutions of any
financial or technical assistance or grants of any kind to any
country or entity described in subsection (e).
(2) Notification.--Not less than 15 days before any vote in
an international financial institution regarding the extension
of financial or technical assistance or grants to any country or
entity described in subsection (e), the Secretary of the
Treasury, in consultation with the Secretary of State, shall
provide to the Committee on Appropriations and the Committee on
Foreign Relations of the Senate and the Committee on
Appropriations and the Committee on Banking and Financial
Services of the House of Representatives a written justification
for the proposed assistance, including an explanation of the
United States position regarding any such vote, as well as a
description of the location of the proposed assistance by
municipality, its purpose, and its intended beneficiaries.
(3) Definition.--The term ``international financial
institution'' includes the International Monetary Fund, the
International Bank for Reconstruction and Development, the
International Development Association, the International Finance
Corporation, the Multilateral Investment Guaranty Agency, and
the European Bank for Reconstruction and Development.
(c) Exceptions.--
[[Page 112 STAT. 2681-196]]
(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 canton and a
nonsanctioned contiguous country, entity, or canton, if
the project is primarily located in and primarily
benefits the nonsanctioned country, entity, or canton
and if the portion of the project located in the
sanctioned country, entity, or canton 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; or
(G) direct lending to a non-sanctioned entity, or
lending passed on by the national government to a non-
sanctioned entity.
(H) assistance to the International Police Task
Force for the training of a civilian police force.
<> (2)
Notification.--Every 30 days the Secretary of State, in
consultation with the Administrator of the Agency for
International Development, shall publish in the Federal Register
and/or in a comparable publicly accessible document or internet
site, a listing and justification of any assistance that is
obligated within that period of time for any country, entity, or
canton 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
canton described in subsection (e), for a program, project, or
activity in which a publicly indicted war criminal is known to
have any financial or material interest; and
(2) no assistance (other than emergency foods or medical
assistance or demining assistance) may be made available by this
Act, or any prior Act making appropriations for foreign
operations, export financing and related programs for any
program, project, or activity in a community within any country,
entity or canton 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 Canton.--A sanctioned country,
entity, or canton 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.
[[Page 112 STAT. 2681-197]]
(f) Waiver.--
(1) In general.--The Secretary of State may waive the
application of subsection (a) or subsection (b) with respect to
specified bilateral programs or international financial
institution projects or programs in a sanctioned country,
entity, or canton upon providing a written determination to the
Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and
the Committee on International Relations of the House of
Representatives that such assistance directly supports the
implementation of the Dayton Agreement and its Annexes, which
include the obligation to apprehend and transfer indicted war
criminals to the Tribunal.
(2) Report.--Not later than 15 days after the date of any
written determination under paragraph (1) the Secretary of State
shall submit a report to the Committee on Appropriations and the
Committee on Foreign Relations of the Senate and the Committee
on Appropriations and the Committee on International Relations
of the House of Representatives regarding the status of efforts
to secure the voluntary surrender or apprehension and transfer
of persons indicted by the Tribunal, in accordance with the
Dayton Agreement, and outlining obstacles to achieving this
goal; and
(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.
(g) Termination of Sanctions.--The sanctions imposed pursuant to
subsections (a) and (b) with respect to a country or entity shall cease
to apply only if the Secretary of State determines and certifies to
Congress that the authorities of that country, entity, or canton have
apprehended and transferred to the Tribunal all persons who have been
publicly indicted by the Tribunal.
(h) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia-Herzegovina,
Croatia, Serbia, and Montenegro.
(2) Entity.--The term ``entity'' refers to the Federation of
Bosnia and Herzegovina and the Republika Srpska.
(3) Canton.--The term ``canton'' means the administrative
units in Bosnia and Herzegovina.
(4) 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.
(5) Tribunal.--The term ``Tribunal'' means the International
Criminal Tribunal for the Former Yugoslavia.
(i) 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 benefitting from any financial or technical assistance or
grants provided to any country or entity described in subsection (e).
[[Page 112 STAT. 2681-198]]
Sec. 571. (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 the word ``and'' after ``1997'',
and inserting in lieu thereof a comma and inserting before the period at
the end the following: ``and $340,000,000 for fiscal year 1999''.
(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 adding at the end the following: ``Of the amount specified in
subparagraph (A) for fiscal year 1999, not more than $320,000,000 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. 572. None of the funds appropriated under this Act may be made
available for the Government of Russian Federation, after 180 days from
the date of enactment of this Act, unless the President determines and
certifies in writing to the Committee on Appropriations and the
Committee on Foreign Relations of the Senate that the Government of the
Russian Federation has implemented no statute, executive order,
regulation or similar government action that would discriminate, or
would have as its principal effect discrimination, against religious
groups or religious communities in the Russian Federation in violation
of accepted international agreements on human rights and religious
freedoms to which the Russian Federation is a party.
Sec. 573. (a) Funds made available in this Act to support programs
or activities promoting 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, for fiscal year 1998, planned
obligations for such activities in fiscal year 1999, and any plan for
programs thereafter related to the implementation or the furtherance of
protocols pursuant to, or related to negotiations to amend the FCCC in
conjunction with the President's submission of the Budget of the United
States Government for Fiscal Year 2000: 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.
Sec. 574. (a) Withholding of Assistance.--Except as provided in
subsection (b), whenever the President determines and
[[Page 112 STAT. 2681-199]]
certifies to Congress that the government of any country is violating
any sanction against Libya imposed pursuant to United Nations Security
Council Resolution 731, 748, or 883, then not less than 5 percent of the
funds allocated for the country under section 653(a) of the Foreign
Assistance Act of 1961 out of appropriations in this Act shall be
withheld from obligation or expenditure for that country.
(b) Exception.--The requirement to withhold funds under subsection
(a) shall not apply to funds appropriated in this Act for allocation
under section 653(a) of the Foreign Assistance Act of 1961 for
development assistance or for humanitarian assistance.
(c) Waiver.--Funds may be provided for a country without regard to
subsection (a) if the President determines that to do so is in the
national security interest of the United States.
Sec. 575. (a) None of the funds appropriated by this Act may be
provided for assistance for the central Government of the Democratic
Government of Congo until such time as the President reports in writing
to the Congress that the central Government is--
(1) investigating and prosecuting those responsible for
human rights violations committed in the Democratic Republic of
Congo; and
(2) implementing a credible democratic transition program.
(b) This section shall not apply to assistance to promote democracy
and the rule of law as part of a plan to implement a credible democratic
transition program.
Sec. 576. Of the funds appropriated by this Act under the headings
``Economic Support Fund'', ``Foreign Military Financing '',
``International Military Education and Training '', ``Peacekeeping
Operations'', for refugees resettling in Israel under the heading
``Migration and Refugee Assistance'', and for assistance for Israel to
carry out provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 under the heading ``Nonproliferation, Anti-Terrorism,
Demining, and Related Programs'', not more than a total of
$5,402,850,000 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
enactment of this Act obligated or allocated for other recipients may
not during fiscal year 1999 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.
[[Page 112 STAT. 2681-200]]
Sec. 577. Prior to the distribution of any assets resulting from any
liquidation, dissolution, or winding up of an Enterprise Fund, in whole
or in part, the President shall submit to the Committees on
Appropriations, in accordance with the regular notification procedures
of the Committees on Appropriations, a plan for the distribution of the
assets of the Enterprise Fund.
Sec. 578. The Secretary of the Treasury should instruct the United
States executive directors of the international financial institutions
to use the voice and vote of the United States to oppose loans to the
Government of Cambodia, except loans to support basic human needs.
Sec. 579. Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 1999 for
programs under title I of this Act may be transferred between such
appropriations for use for any of the purposes, programs and activities
for which the funds in such receiving account may be used, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 25 percent by any such transfer: Provided, That
the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
Sec. 580. (a) 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) Such funds may be apportioned only on a monthly basis, and such
monthly apportionments may not exceed 8.34 percent of the total
available for such activities.
Sec. 581. (a) The Secretary of Defense and the Secretary of State
shall jointly provide to the Congress by January 31, 1999, a report on
all military training provided to foreign military personnel under
programs administered by the Department of Defense and the Department of
State during fiscal years 1998 and 1999, including those proposed for
fiscal year 1999. 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
[[Page 112 STAT. 2681-201]]
Relations Committees of the Senate and the Appropriations and
International Relations Committees of the House of Representatives.
Sec. 582. (a) of the funds made available under the heading
``Nonproliferation, Anti-terrorism, Demining and Related Programs'', not
to exceed $35,000,000 may be made available for the Korean Peninsula
Energy Development Organization (hereafter referred to in this section
as ``KEDO''), notwithstanding any other provision of law, only for the
administrative expenses and heavy fuel oil costs associated with the
Agreed Framework: Provided, that none of these funds may be made
available until March 1, 1999.
(b) Of the funds made available for KEDO, up to $15,000,000 may be
made available prior to June 1, 1999, if, thirty days prior to such
obligation of funds, the President certifies and so reports to Congress
that--
(1)(A) the parties to the Agreed Framework have taken and
continue to take demonstrable steps to assure that progress is
made on the implementation of the January 1, 1992, Joint
Declaration on the 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;
(B) the parties to the Agreed Framework have taken and
continue to take demonstrable steps to assure that progress is
made on the implementation of the North-South dialogue; and
(C) North Korea is complying with all provisions of the
Agreed Framework and with the Confidential Minute between North
Korea and the United States;
(2) North Korea is cooperating fully in the canning and safe
storage of all spent fuel from its graphite-moderated nuclear
reactors;
(3) North Korea has not significantly diverted assistance
provided by the United States for purposes for which it was not
intended; and
(4) the United States is fully engaged in efforts to impede
North Korea's development and export of ballistic missiles; and
(c) Of the funds made available for KEDO, up to $20,000,000 may be
made available on or after June 1, 1999, if, thirty days prior to such
obligation of funds, the President certifies and so reports to Congress
that:
(1) the United States has initiated meaningful discussions
with North Korea on implementation of the Joint Declaration on
the Denuclearization of the Korean Peninsula;
(2) the United States has reached agreement with North Korea
on the means for satisfying U.S. concerns regarding suspect
underground construction; and;
(3) the United States is making significant progress on
reducing and eliminating the North Korean ballistic missile
threat, including 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
[[Page 112 STAT. 2681-202]]
provides written policy justifications to the appropriate congressional
committees prior to his exercise of such waiver. No funds may be
obligated for KEDO until 30 days after submission to Congress of such
waiver.
(e) Not later than January 1, 1999, the President shall name a
``North Korea Policy Coordinator'', who shall conduct a full and
complete interagency review of United States policy toward North Korea,
shall provide policy direction for negotiations with North Korea related
to nuclear weapons, ballistic missiles, and other security related
issues, and shall also provide leadership for United States
participation in KEDO.
(f) The Secretary of State shall submit to the appropriate
congressional committees an annual report (to be submitted with the
annual presentation for appropriations) providing a full and detailed
accounting of the fiscal year 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.
(g) The Secretary of Defense shall submit to the appropriate
congressional committees an annual report on the degree to which KEDO's
mission and the Agreed Framework continue to promote important United
States national security interests, contribute to delaying North Korean
indigenous development of nuclear weapons-related technology, and
positively impact the level of tension on the Korean Peninsula.
Sec. 583. <> (a) Notwithstanding any other
provision of law, each annual report required by subsection 1701(a) of
the International Financial Institutions Act, as amended (Public Law 95-
118, 22 U.S.C. 262r), shall comprise--
(1) an assessment of the effectiveness of the major policies
and operations of the international financial institutions;
(2) the major issues affecting United States participation;
(3) the major developments in the past year;
(4) the prospects for the coming year;
(5) the progress made and steps taken to achieve United
States policy goals (including major policy goals embodied in
current law) with respect to the international financial
institutions; and
(6) such data and explanations concerning the effectiveness,
operations, and policies of the international financial
institutions, such recommendations concerning the international
financial institutions, and such other data and material as the
Chairman may deem appropriate.
(b) The requirements of Sections 1602(e), 1603(c), 1604(c), and
1701(b) of the International Financial Institutions Act, as amended
(Public Law 95-118, 22 U.S.C. 262p-1, 262p-2, 262p-3 and 262(r)),
Section 2018(c) of the International Narcotics Control Act of 1986, as
amended (Public Law 99-570, 22 U.S.C. 2291 note), Section 407(c) of the
Foreign Debt Reserving Act of 1989 (Public Law 101-240, 22 U.S.C. 2291
note), Section 14(c) of the Inter-American Development Bank Act, as
amended (Public Law 86-147, 22 U.S.C. 283j-1(c)), and Section 1002 of
the Freedom for Russia and
[[Page 112 STAT. 2681-203]]
Emerging Eurasian Democracies and Open Markets Support Act of 1992
(Public Law 102-511) (22 U.S.C. 286ll(b)) shall no longer apply to the
contents of such annual reports.
Sec. 584. 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.
Sec. 585. (a) Findings.--Congress finds that--
(1) Iraq is continuing efforts to mask the extent of its
weapons of mass destruction and missile programs;
(2) proposals to relax the current international inspection
regime would have potentially dangerous consequences for
international security; and
(3) Iraq has demonstrated time and again that it cannot be
trusted to abide by international norms or by its own
agreements, and that the only way the international community
can be assured of Iraqi compliance is by ongoing inspection.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the international agencies charged with inspections in
Iraq--the International Atomic Energy Agency (IAEA) and the
United Nations Special Commission (UNSCOM) should maintain
vigorous inspections, including surprise inspections, within
Iraq; and
(2) the United States should oppose any efforts to ease the
inspections regimes on Iraq until there is clear, credible
evidence that the Government of Iraq is in full compliance with
all relevant United Nations' resolutions.
(c) Report.--Not later than 30 days after the date of enactment of
this Act, the President shall submit a report to Congress on the United
States Government's assessment of Iraq's nuclear and other weapons of
mass destruction programs and its efforts to move toward procurement of
nuclear weapons and the means to deliver weapons of mass destruction.
The report shall also--
(1) assess the United States view of the International
Atomic Energy Agency's action team reports and other IAEA
efforts to monitor the extent and nature of Iraq's nuclear
program; and
(2) include the United States Government's opinion on the
value of maintaining the ongoing inspection regime rather than
replacing it with a passive monitoring system.
Sec. 586. (a) The Congress finds that--
(1) according to the Department of State, Iran continues to
support international terrorism, providing training, financing,
and weapons to such terrorist groups as Hizballah, Islamic Jihad
and Hamas;
(2) Iran continues to oppose the Arab-Israeli peace process
and refuses to recognize Israel's right to exist;
[[Page 112 STAT. 2681-204]]
(3) Iran continues aggressively to seek weapons of mass
destruction and the missiles to deliver them;
(4) it is long-standing United States policy to offer
official government-to-government dialogue with the Iranian
regime, such offers having been repeatedly rebuffed by Tehran;
(5) more than a year after the election of President
Khatemi, Iranian foreign policy continues to threaten American
security and that of our allies in the Middle East; and
(6) despite repeated offers and tentative steps toward
rapprochement with Iran by the Clinton Administration, including
a decision to waive sanctions under the Iran-Libya Sanctions Act
and the President's veto of the Iran Missile Proliferation
Sanctions Act, Iran has failed to reciprocate in a meaningful
manner.
(b) Therefore it is the sense of the Congress that--
(1) the Administration should make no concessions to the
Government of Iran unless and until that government moderates
its objectionable policies, including taking steps to end its
support of international terrorism, opposition to the Middle
East peace process, and the development and proliferation of
weapons of mass destruction and their means of delivery; and
(2) there should be no change in United States policy toward
Iran until there is credible and sustained evidence of a change
in Iranian policies.
Sec. 587. <> (a) Establishment of Office.--
There shall be established within the Office of the Administrator of the
Agency for International Development, an Office of Security. Such Office
of Security shall, notwithstanding any other provision of law except
section 207 of the Foreign Service Act of 1980 and section 103 of Public
Law 199-339, have the responsibility for the supervision, direction, and
control of all security activities relating to the programs and
operations of that Agency.
(b) Transfer and Allocation of Appropriations and Personnel.--There
are transferred to the Office of Security all security functions
exercised by the Office of Inspector General of the Agency for
International Development exercised before the date of enactment of this
Act. The Administrator shall transfer from the Office of the Inspector
General of such Agency to the Office of Security established by
subsection (a), the personnel (including the Senior Executive Service
position designated for the Assistant Inspector General for Security),
assets, liabilities, grants, contracts, property, records, and
unexpended balances of appropriations, and other funds held, used,
available to, or to be made available in connection with such functions.
Unexpended balances of appropriations, and other funds made available or
to be made available in connection with such functions, shall be
transferred to and merged with funds appropriated by this Act under the
heading ``Operating Expenses of the Agency for International
Development''.
(c) Transfer of Employees.--Any employee in the career service who
is transferred pursuant to this section shall be placed in a position in
the Office of Security established by subsection (a) which is comparable
to the position the employee held in the Office of the Inspector General
of the Agency for International Development.
[[Page 112 STAT. 2681-205]]
Sec. 588. (a) Congress makes the following findings:
(1) North Korea has been active in developing new
generations of medium-range and intermediate-range ballistic
missiles, including both the Nodong and Taepo Dong class
missiles.
(2) North Korea is not an adherent to the Missile Technology
Control Regime, actively cooperates with Iran and Pakistan in
ballistic missile programs, and has declared its intention to
continue to export ballistic missile technology.
(3) North Korea has shared technology involved in the Taepo
Dong I missile program with Iran, which is concurrently
developing the Shahab-3 intermediate-range ballistic missile.
(4) North Korea is developing the Taepo Dong II
intermediate-range ballistic missile, which is expected to have
sufficient range to put at risk United States territories,
forces, and allies throughout the Asia-Pacific area.
(5) Multistage missiles like the Taepo Dong class missile
can ultimately be extended to intercontinental range.
(6) The bipartisan Commission to Assess the Ballistic
Missile Threat to the United States emphasized the need for the
United States intelligence community and United States policy
makers to review the methodology by which they assess foreign
missile programs in order to guard against surprise developments
with respect to such programs.
(b) It is the sense of Congress that--
(1) North Korea should be forcefully condemned for its
August 31, 1998, firing of a Taepo Dong I intermediate-range
ballistic missile over the sovereign territory of another
country, specifically Japan, an event that demonstrated an
advanced capability for employing multistage missiles, which are
by nature capable of extended range, including intercontinental
range;
(2) the United States should reassess its cooperative space
launch programs with countries that continue to assist North
Korea and Iran in their ballistic missile and cruise missile
programs;
(3) any financial or technical assistance provided to North
Korea should take into account the continuing conduct by that
country of activities which destabilize the region, including
the missile firing referred to in paragraph (1), continued
submarine incursions into South Korean territorial waters, and
violations of the demilitarized zone separating North Korea and
South Korea;
(4) the recommendations of the Commission to Assess the
Ballistic Missile Threat to the United States should be
incorporated into the analytical processes of the United States
intelligence community as soon as possible; and
(5) the United States should accelerate cooperative theater
missile defense programs with Japan.
Sec. 589. (a) Establishment of Program.--Chapter 1 of 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:
[[Page 112 STAT. 2681-206]]
``SEC. 129. <> PROGRAM TO PROVIDE TECHNICAL
ASSISTANCE TO FOREIGN GOVERNMENTS AND FOREIGN CENTRAL BANKS
OF DEVELOPING OR TRANSITIONAL COUNTRIES.
``(a) Establishment of Program.--
``(1) In general.--Not later than 150 days after the date of
the enactment of this section, the Secretary of the Treasury,
after consultation with the Secretary of State and the
Administrator of the United States Agency for International
Development, is authorized to establish a program to provide
technical assistance to foreign governments and foreign central
banks of developing or transitional countries.
``(2) Role of secretary of state.--The Secretary of State
shall provide foreign policy guidance to the Secretary to ensure
that the program established under this subsection is
effectively integrated into the foreign policy of the United
States.
``(b) Conduct of Program.--
``(1) In general.--In carrying out the program established
under subsection (a), the Secretary shall provide economic and
financial technical assistance to foreign governments and
foreign central banks of developing and transitional countries
by providing advisers with appropriate expertise to advance the
enactment of laws and establishment of administrative procedures
and institutions in such countries to promote macroeconomic and
fiscal stability, efficient resource allocation, transparent and
market-oriented processes and sustainable private sector growth.
``(2) Additional requirements.--To the extent practicable,
such technical assistance shall be designed to establish--
``(A) tax systems that are fair, objective, and
efficiently gather sufficient revenues for governmental
operations;
``(B) debt issuance and management programs that
rely on market forces;
``(C) budget planning and implementation that
permits responsible fiscal policy management;
``(D) commercial banking sector development that
efficiently intermediates between savers and investors;
and
``(E) financial law enforcement to protect the
integrity of financial systems, financial institutions,
and government programs.
``(c) Administrative Requirements.--In carrying out the program
established under subsection (a), the Secretary--
``(1) shall establish a methodology for identifying and
selecting foreign governments and foreign central banks to
receive assistance under the program;
``(2) prior to selecting a foreign government or foreign
central bank to receive assistance under the program, shall
receive the concurrence of the Secretary of State with respect
to the selection of such government or central bank and with
respect to the cost of the assistance to such government or
central bank;
``(3) shall consult with the heads of appropriate Executive
agencies of the United States, including the Secretary of State
and the Administrator of the United States Agency for
International Development, and appropriate international
financial institutions to avoid duplicative efforts with respect
to those foreign countries for which such agencies or
organizations provide similar assistance;
[[Page 112 STAT. 2681-207]]
``(4) shall ensure that the program is consistent with the
International Affairs Strategic Plan and Mission Performance
Plan of the United States Agency for International Development;
``(5) shall establish and carry out a plan to evaluate the
program.
``(d) Administrative Authorities.--In carrying out the program
established under subsection (a), the Secretary shall have the following
administrative authorities:
``(1) The Secretary may provide allowances and benefits
under chapter 9 of title I of the Foreign Service Act of 1980
(22 U.S.C. 4081 et seq.) to any officer or employee of any
agency of the United States Government performing functions
under this section outside the United States.
``(2)(A) The Secretary may allocate or transfer to any
agency of the United States Government any part of any funds
available for carrying out this section, including any advance
to the United States Government by any country or international
organization for the procurement of commodities, supplies, or
services.
``(B) Such funds shall be available for obligation and
expenditure for the purposes for which such funds were
authorized, in accordance with authority granted in this section
or under authority governing the activities of the agency of the
United States Government to which such funds are allocated or
transferred.
``(3) Appropriations for the purposes of or pursuant to this
section, and allocations to any agency of the United States
Government from other appropriations for functions directly
related to the purposes of this section, shall be available
for--
``(A) contracting with individuals for personal
services abroad, except that such individuals shall not
be regarded as employees of the United States Government
for the purpose of any law administered by the Office of
Personnel Management;
``(B) the purchase and hire of passenger motor
vehicles, except that passenger motor vehicles may be
purchased only--
``(i) for use in foreign countries; and
``(ii) if the Secretary or the Secretary's
designee has determined that the vehicle is
necessary to accomplish the mission;
``(C) the purchase of insurance for official motor
vehicles acquired for use in foreign countries;
``(D)(i) the rent or lease outside the United
States, not to exceed 5 years, of offices, buildings,
grounds, and quarters, including living quarters to
house personnel, consistent with the relevant
interagency housing board policy, and payments therefor
in advance;
``(ii) maintenance, furnishings, necessary repairs,
improvements, and alterations to properties owned or
rented by the United States Government or made available
for use to the United States Government outside the
United States; and
``(iii) costs of insurance, fuel, water, and
utilities for such properties;
[[Page 112 STAT. 2681-208]]
``(E) expenses of preparing and transporting to
their former homes or places of burial the remains of
foreign participants or members of the family of foreign
participants, who may die while such participants are
away from their homes participating in activities
carried out with funds covered by this section;
``(F) notwithstanding any other provision of law,
transportation and payment of per diem in lieu of
subsistence to foreign participants engaged in
activities of the program under this section while such
participants are away from their homes in countries
other than the United States, at rates not in excess of
those prescribed by the standardized Government travel
regulations;
``(G) expenses in connection with travel of
personnel outside the United States, including travel
expenses of dependents (including expenses during
necessary stop-overs while engaged in such travel), and
transportation of personal effects, household goods, and
automobiles of such personnel when any part of such
travel or transportation begins in one fiscal year
pursuant to travel orders issued in that fiscal year,
notwithstanding the fact that such travel or
transportation may not be completed during the same
fiscal year, and cost of transporting automobiles to and
from a place of storage, and the cost of storing
automobiles of such personnel when it is in the public
interest or more economical to authorize storage; and
``(H) grants to, and cooperative agreements and
contracts with, any individual, corporation, or other
body of persons, nonprofit organization, friendly
government or government agency, whether within or
without the United States, and international
organizations, as the Secretary determines is
appropriate to carry out the purposes of this section.
``(4) Whenever the Secretary determines it to be consistent
with the purposes of this section, the Secretary is authorized
to furnish services and commodities on an advance-of-funds basis
to any friendly country or international organization that is
not otherwise prohibited from receiving assistance under this
Act. Such advances may be credited to the currently applicable
appropriation, account, or fund of the Department of the
Treasury and shall be available for the purposes for which such
appropriation, account, or fund is authorized to be used.
``(e) Issuance of Regulations.--The Secretary is authorized to issue
such regulations with respect to personal service contractors as the
Secretary deems necessary to carry out this section.
``(f) Rule of Construction.--Nothing in this section shall be
construed to infringe upon the powers or functions of the Secretary of
State (including the powers or functions described in section 103 of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4802)) or of any chief of mission (including the powers or functions
described in section 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927)).
``(g) Termination of Assistance.--The Secretary shall conclude
assistance activities for a recipient foreign government or foreign
central bank under the program established under subsection (a) if the
Secretary, after consultation with the appropriate
[[Page 112 STAT. 2681-209]]
officers of the United States, determines that such assistance has
resulted in the enactment of laws or the establishment of institutions
in that country that promote fiscal stability and administrative
procedures, efficient resource allocation, transparent and market-
oriented processes and private sector growth in a sustainable manner.
``(h) Report.--
``(1) In general.--Not later than 3 months after the date of
the enactment of this section, and every 6 months thereafter,
the Secretary shall prepare and submit to the appropriate
congressional committees a report on the conduct of the program
established under this section during the preceding 6-month
period.
``(2) Definition.--In this subsection, the term `appropriate
congressional committees' means--
``(A) the Committee on International Relations and
the Committee on Appropriations of the House of
Representatives; and
``(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
``(i) Definitions.--In this section:
``(1) Developing or transitional country.--The term
`developing or transitional country' means a country eligible to
receive development assistance under this chapter.
``(2) International financial institution.--The term
`international financial institution' means the International
Monetary Fund, the International Bank for Reconstruction and
Development, the International Development Association, the
International Finance Corporation, the Multilateral Investment
Guarantee Agency, the Asian Development Bank, the African
Development Bank, the African Development Fund, the Inter-
American Development Bank, the Inter-American Investment
Corporation, the European Bank for Reconstruction and
Development, and the Bank for Economic Cooperation and
Development in the Middle East and North Africa.
``(3) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(4) Technical assistance.--The term `technical assistance'
includes--
``(A) the use of short-term and long-term expert
advisers to assist foreign governments and foreign
central banks for the purposes described in subsection
(b)(1);
``(B) training in the recipient country, the United
States, or elsewhere for the purposes described in
subsection (b)(1);
``(C) grants of goods, services, or funds to foreign
governments and foreign central banks;
``(D) grants to United States nonprofit
organizations to provide services or products which
contribute to the provision of advice to foreign
governments and foreign central banks; and
``(E) study tours for foreign officials in the
United States or elsewhere for the purpose of providing
technical information to such officials.
``(5) Foreign participant.--The term `foreign participant'
means the national of a developing or transitional country that
is receiving assistance under the program established
[[Page 112 STAT. 2681-210]]
under subsection (a) who has been designated to participate in
activities under such program.
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $5,000,000 for fiscal year 1999.
``(2) Availability of amounts.--Amounts authorized to be
appropriated under paragraph (1) are authorized to remain
available until expended.''.
(b) Transportation of Remains, Dependents, and Effects of United
States Government Employees; Death Occurring Away From Official Station
Abroad.--Section 5742(b) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking the ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the travel expenses of not more than 2 persons to
escort the remains of a deceased employee, if death occurred
while the employee was in travel status away from his official
station in the United States or while performing official duties
outside the United States or in transit thereto or therefrom,
from the place of death to the home or official station of such
person, or such other place appropriate for interment as is
determined by the head of the agency concerned.''.
Sec. 590. Notwithstanding any other provision of law, of the funds
made available in this Act and prior Acts making appropriations for
foreign operations, export financing and related programs, not less than
$8,000,000 shall be made available only for assistance to the Iraqi
democratic opposition for such activities as organization, training,
communication and dissemination of information, and developing and
implementing agreements among opposition groups: Provided further, That
any agreement reached regarding the obligation of funds under the
previous proviso shall include provisions to ensure appropriate
monitoring on the use of such funds: Provided further, That of this
amount not less than $3,000,000 should be made available as a grant to
Iraqi National Congress, to be administered by its Executive Committee
for the benefit of all constituent groups of the Iraqi National
Congress: Provided further, That within 30 days of enactment of this Act
the Secretary of State shall submit a detailed report to the
Appropriations Committees of Congress on implementation of this section.
Sec. 591. (a) Establishment of National Commission on Terrorism.--
(1) Establishment.--There is established a national
commission on terrorism to review counter-terrorism policies
regarding the prevention and punishment of international acts of
terrorism directed at the United States. The commission shall be
known as ``The National Commission on Terrorism''.
(2) Composition.--The commission shall be composed of 10
members appointed as follows:
(A) Three members shall be appointed by the Majority
Leader of the Senate.
[[Page 112 STAT. 2681-211]]
(B) Three members shall be appointed by the Speaker
of the House of Representatives.
(C) Two members shall be appointed by the Minority
Leader of the Senate.
(D) Two members shall be appointed by the Minority
Leader of the House of Representatives.
(E) The appointments of the members of the
commission should be made no later than 3 months after
the date of the enactment of this Act.
(3) Qualifications.--The members should have a knowledge and
expertise in matters to be studied by the commission.
(4) Chair.--The Speaker of the House of Representatives,
after consultation with the majority leader of the Senate and
the minority leaders of the House of Representatives and the
Senate, shall designate one of the members of the Commission to
serve as chair of the Commission.
(5) Period of appointment: vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(6) Security clearances.--All Members of the Commission
should hold appropriate security clearances.
(b) Duties.--
(1) In general.--The commission shall consider issues
relating to international terrorism directed at the United
States as follows:
(A) Review the laws, regulations, policies,
directives, and practices relating to counterterrorism
in the prevention and punishment of international
terrorism directed towards the United States.
(B) Assess the extent to which laws, regulations,
policies, directives, and practices relating to
counterterrorism have been effective in preventing or
punishing international terrorism directed towards the
United States. At a minimum, the assessment should
include a review of the following:
(i) Evidence that terrorist organizations have
established an infrastructure in the western
hemisphere for the support and conduct of
terrorist activities.
(ii) Executive branch efforts to coordinate
counterterrorism activities among Federal, State,
and local agencies and with other nations to
determine the effectiveness of such coordination
efforts.
(iii) Executive branch efforts to prevent the
use of nuclear, biological, and chemical weapons
by terrorists.
(C) Recommend changes to counterterrorism policy in
preventing and punishing international terrorism
directed toward the United States.
(2) Report.--Not later than 6 months after the date on which
the Commission first meets, the Commission shall submit to the
President and the Congress a final report of the findings and
conclusions of the commission, together with any
recommendations.
(c) Administrative Matters.--
(1) Meetings.--
[[Page 112 STAT. 2681-212]]
(A) The commission shall hold its first meeting on a
date designated by the Speaker of the House which is not
later than 30 days after the date on which all members
have been appointed.
(B) After the first meeting, the commission shall
meet upon the call of the chair.
(C) A majority of the members of the commission
shall constitute a quorum, but a lesser number may hold
meetings.
(2) Authority of individuals to act for commission.--Any
member or agent of the commission may, if authorized by the
commission, take any action which the commission is authorized
to take under this section.
(3) Powers.--
(A) The commission may hold such hearings, sit and
act at such times and places, take such testimony, and
receive such evidence as the commission considers
advisable to carry out its duties.
(B) The commission may secure directly from any
agency of the Federal Government such information as the
commission considers necessary to carry out its duties.
Upon the request of the chair of the commission, the
head of a department or agency shall furnish the
requested information expeditiously to the commission.
(C) The commission may use the United States mails
in the same manner and under the same conditions as
other departments and agencies of the Federal
Government.
(4) Pay and expenses of commission members.--
(A) Subject to appropriations, each member of the
commission who is not an employee of the government
shall be paid at a rate not to exceed 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 performing the duties of the commission.
(B) Members and personnel for the commission may
travel on aircraft, vehicles, or other conveyances of
the Armed Forces of the United States when travel is
necessary in the performance of a duty of the commission
except when the cost of commercial transportation is
less expensive.
(C) The members of the commission may 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.
(D)(i) A member of the commission who is an
annuitant otherwise covered by section 8344 of 8468 of
title 5, United States Code, by reason of membership on
the commission shall not be subject to the provisions of
such section with respect to membership on the
commission.
(ii) A member of the commission who is a member or
former member of a uniformed service shall not be
subject to the provisions of subsections (b) and (c) of
section
[[Page 112 STAT. 2681-213]]
5532 of such title with respect to membership on the
commission.
(5) Staff and administrative support.--
(A) The chairman of the commission may, without
regard to civil service laws and regulations, appoint
and terminate an executive director and up to three
additional staff members as necessary to enable the
commission to perform its duties. The chairman of the
commission may fix the compensation of the executive
director and other personnel without regard to the
provisions of chapter 51, and subchapter III of chapter
53, of title 5, United States Code, relating to
classification of positions and General Schedule pay
rates, except that the rate of pay may not exceed the
maximum rate of pay for GS-15 under the General
Schedule.
(B) Upon the request of the chairman of the
commission, the head of any department or agency of the
Federal Government may detail, without reimbursement,
any personnel of the department or agency to the
commission to assist in carrying out its duties. The
detail of an employee shall be without interruption or
loss of civil service status or privilege.
(d) Termination of Commission.--The commission shall terminate 30
days after the date on which the commission submits a final report.
(e) Funding.--There are authorized to be appropriated such sums as
may be necessary to carry out the provisions of this section.
Sec. 592. The authority of section 614 of the Foreign Assistance Act
of 1961, as amended, may not be used during fiscal year 1999 for the
Korean Peninsula Energy Development Organization to authorize the use of
more than $35,000,000 of funds made available for use under that Act or
the Arms Export Control Act.
Sec. 593. (a) Political and Economic Reform.--It is the sense of
Congress that--
(1) expanding the availability of wheat, wheat products, and
rice for distribution to the most needy and vulnerable
Indonesians is vital to the well-being of all Indonesians;
(2) the Administration should adopt a more active approach
in support of democratic institutions and processes in Indonesia
and provide assistance for continued economic and political
development in Indonesia, including--
(A) support for humanitarian programs;
(B) leading a multinational effort to expand
humanitarian and food aid programs to meet the needs of
Indonesia;
(C) working with international financial
institutions to recapitalize and reform the banking
system, restructure corporate debt, and introduce
economic and legal transparency in Indonesia;
(D) urging the Government of Indonesia to remove, to
the maximum extent possible, barriers to trade and
[[Page 112 STAT. 2681-214]]
investment which impede economic recovery in Indonesia,
including tariffs, quotas, export taxes, nontariff
barriers, and prohibitions against foreign ownership and
investment;
(E) urging the Government of Indonesia to--
(i) recognize and protect the participation of
all Indonesians, including ethnic and religious
minorities, in the political and economic life of
Indonesia; and
(ii) release individuals detained or
imprisoned for their political views;
(F) supporting efforts to establish a timetable for
elections and building democracy by strengthening
political parties and institutions and the rule of law
including the repeal of laws and regulations that
discriminate on the basis of religion or ethnicity.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary of State shall submit to the Committees on
Appropriations a report containing a description and assessment of the
actions taken by the Government of the United States and the Government
of Indonesia to further the objectives referred to in subsection (a).
(c) Ethnic Violence.--It is the sense of Congress that--
(1) the mistreatment of ethnic Chinese in Indonesia and the
criminal acts carried out against them during the May 1998 riots
in Indonesia are deplorable and condemned;
(2) a full and fair investigation of such criminal acts
should be completed by the earliest possible date, and those
identified as responsible for perpetrating such criminal acts
should be brought to justice;
(3) the investigation by the Government of Indonesia,
through its Military Honor Council, of those members of the
armed forces of Indonesia suspected of possible involvement in
the May 1998 riots, and of any member of the armed forces of
Indonesia who may have participated in criminal acts against the
people of Indonesia during the riots, is commended and should be
supported;
(4) the Government of Indonesia should take action to
assure--
(A) the implementation of appropriate measures to
prevent ethnic-related violence and rapes in Indonesia
and to protect the human rights and physical safety of
the ethnic Chinese community in Indonesia; and
(B) the provision of just compensation for victims
of the rape and violence that occurred during the May
1998 riots in Indonesia, including medical care;
(5) the Administration and the United Nations should
continue to support and assist the Government of Indonesia and
nongovernmental organizations, in the investigations into the
May 1998 riots in Indonesia in order to expedite such
investigations.
(d) Report.--(1) Not later than 6 months after the date of enactment
of this Act, the Secretary of State shall submit to Congress a report
containing the following:
(A) An assessment of--
(i) whether or not there was a systematic and
organized campaign of violence, including the use of
rape, against the ethnic Chinese community in Indonesia
during the May 1998 riots in Indonesia; and
[[Page 112 STAT. 2681-215]]
(ii) the level and degree of participation, if any,
of members of the Government or armed forces of
Indonesia in the riots.
(B) An assessment of the actions taken by the Government of
Indonesia to investigate the May 1998 riots in Indonesia, bring
the perpetrators of the riots to justice, and ensure that
similar riots do not recur.
Sec. 594. <> (a) Notification.--No less
than 15 days prior to the export to any country identified pursuant to
subparagraph (C) of any lethal defense article or service in the amount
of $14,000,000 or less, the President shall provide a detailed
notification to the Committees on Appropriations and Foreign Relations
of the Senate and the Committees on Appropriations and International
Relations of the House of Representatives.
(b) Content of Notification.--A detailed notification transmitted
pursuant to subparagraph (a) shall include the same type and quantity of
information required of a notification submitted pursuant to section
36(b) of the Arms Export Control Act (22 U.S.C. 2776(b)).
(c) Countries Defined.--This section shall apply to any country that
is--
(1) identified in section 521 of the annual appropriations
Act for Foreign Operations, Export Financing, and Related
Programs, or a comparable provision in a subsequent
appropriations Act; or
(2) currently ineligible, in whole or in part, under an
annual appropriations Act to receive funds for International
Military Education and Training or under the Foreign Military
Financing Program, excluding high-income countries as defined
pursuant to section 546(b) of the Foreign Assistance Act of
1961.
(d) Exclusions.--Information reportable under title V of the
National Security Act of 1947 is excluded from the requirements of this
section.
Sec. 595. (a) Findings.--Congress makes the following findings--
(1) the December 2, 1980 brutal assault and murder of four
American churchwomen by members of the Salvadoran National Guard
was covered up and never fully investigated;
(2) on July 22 and July 23, 1998, Salvadoran authorities
granted three of the National Guardsmen convicted of the crimes
early release from prison;
(3) the United Nations Truth Commission for El Salvador
determined in 1993 that there was sufficient evidence that the
Guardsmen were acting on orders from their superiors;
(4) in March 1998, four of the convicted Guardsmen confessed
that they acted after receiving orders from their superiors;
(5) recently declassified documents from the State
Department show that United States Government officials were
aware of information suggesting the involvement of superior
officers in the murders;
[[Page 112 STAT. 2681-216]]
(6) United States officials granted permanent residence to a
former Salvadoran military official involved in the cover-up of
the murders, enabling him to remain in Florida; and
(7) despite the fact that the murders occurred over 17 years
ago, the families of the four victims continue to seek the
disclosure of information relevant to the murders.
(b) Sense of Congress.--It is the sense of Congress that--
(1) information relevant to the murders should be made
public to the fullest extent possible;
(2) the Secretary of State and the Department of State are
to be commended for fully releasing information regarding the
murders to the victims' families and to the American public, in
prompt response to congressional requests;
(3) the President should order all other Federal agencies
and departments that possess relevant information to make every
effort to declassify and release to the victims' families
relevant information as expeditiously as possible;
(4) in making determinations concerning the declassification
and release of relevant information, the Federal agencies and
departments should presume in favor of releasing, rather than of
withholding, such information; and
(5) the President should direct the Attorney General to
review the circumstances under which individuals involved in
either the murders or the cover-up of the murders obtained
residence in the United States, and the Attorney General should
submit a report to the Congress on the results of such review
not later than January 1, 1999.
Sec. 596. (a) Findings.--Congress makes the following findings:
(1) On December 21, 1988, 270 people, including 189 United
States citizens, were killed in a terrorist bombing on Pan Am
Flight 103 over Lockerbie, Scotland.
(2) Britain and the United States indicted 2 Libyan
intelligence agents--Abdel Basset Al-Megrahi and Lamen Khalifa
Fhimah--in 1991 and sought their extradition from Libya to the
United States or the United Kingdom to stand trial for this
heinous terrorist act.
(3) The United Nations Security Council called for the
extradition of the suspects in Security Council Resolution 731
and imposed sanctions on Libya in Security Council Resolutions
748 and 883 because Libyan leader, Colonel Muammar Qadaffi,
refused to transfer the suspects to either the United States or
the United Kingdom to stand trial.
(4) The sanctions in Security Council Resolutions 748 and
883 include a worldwide ban on Libya's national airline, a ban
on flights into and out of Libya by other nations' airlines, a
prohibition on supplying arms, airplane parts, and certain oil
equipment to Libya, and a freeze on Libyan government funds in
other countries.
(5) Colonel Qaddafi has continually refused to extradite the
suspects to either the United States or the United Kingdom and
has insisted that he will only transfer the suspects to a third
and neutral country to stand trial.
(6) On August 24, 1998, the United States and the United
Kingdom proposed that Colonel Qadaffi transfer the suspects
[[Page 112 STAT. 2681-217]]
to the Netherlands, where they would stand trial before a
Scottish court, under Scottish law, and with a panel of Scottish
judges.
(7) The United States-United Kingdom proposal is consistent
with those previously endorsed by the Organization of African
Unity, the League of Arab States, the Non-Aligned Movement, and
the Islamic Conference.
(8) The United Nations Security Council endorsed the United
States-United Kingdom proposal on August 27, 1998, in United
Nations Security Council Resolution 1192.
(9) The United States Government has stated that this
proposal is nonnegotiable and has called on Colonel Qadaffi to
respond promptly, positively, and unequivocally to this proposal
by ensuring the timely appearance of the two accused individuals
in the Netherlands for trial before the Scottish court.
(10) The United States Government has called on Libya to
ensure the production of evidence, including the presence of
witnesses before the court, and to comply fully with all the
requirements of the United Nations Security Council resolutions.
(11) Secretary of State Albright has said that the United
States will urge a multilateral oil embargo against Libya in the
United Nations Security Council if Colonel Muammar Qadaffi does
not transfer the suspects to the Netherlands to stand trial.
(12) The United Nations Security Council will convene on
October 30, 1998, to review sanctions imposed on Libya.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Colonel Qadaffi should promptly transfer the indicted
suspects Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah to the
Netherlands to stand trial before the Scottish court;
(2) the United States Government should remain firm in its
commitment not to negotiate with Colonel Qadaffi on any of the
details of the proposal approved by the United Nations in United
Nations Security Council Resolution 1192; and
(3) if Colonel Qadaffi does not transfer the indicted
suspects Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah to the
Netherlands by October 29, 1998, the United States Permanent
Representative to the United Nations should--
(A) introduce a resolution in the United Nations
Security Council to impose a multilateral oil embargo
against Libya;
(B) actively promote adoption of the resolution by
the United Nations Security Council; and
(C) assure that a vote will occur in the United
Nations Security Council on such a resolution.
Sec. 597. (a) Findings.--Congress finds that--
(1) many children in the United States have been abducted by
family members who are foreign nationals and living in foreign
countries;
[[Page 112 STAT. 2681-218]]
(2) children who have been abducted by an estranged father
are very rarely returned, through legal remedies, from countries
that only recognize the custody rights of the father;
(3) there are at least 140 cases that need to be resolved in
which children have been abducted by family members and taken to
foreign countries;
(4) although the Convention on the Civil Aspects of
International Child Abduction, done at The Hague on October 25,
1980, has made progress in aiding the return of abducted
children, the Convention does not address the criminal aspects
of child abduction, and there is a need to reach agreements
regarding child abduction with countries that are not parties to
the Convention; and
(5) decisions on awarding custody of children should be made
in the children's best interest, and persons who violate laws of
the United States by abducting their children should not be
rewarded by being granted custody of those children.
(b) Sense of the Congress.--It is the sense of the Congress that the
United States Government should promote international cooperation in
working to resolve those cases in which children in the United States
are abducted by family members who are foreign nationals and taken to
foreign countries, and in seeing that justice is served by holding
accountable the abductors for violations of criminal law.
TITLE VI--INTERNATIONAL FINANCIAL PROGRAMS AND REFORM
Funds Appropriated to the President
For an increase in the United States quota in the International
Monetary Fund, the dollar equivalent of 10,622,500,000 Special Drawing
Rights, to remain available until expended.
For loans to the International Monetary Fund under section 17 of the
Bretton Woods Agreements Act pursuant to the New Arrangements to Borrow,
the dollar equivalent of 2,462,000,000 Special Drawing Rights, to remain
available until expended. In addition, the amounts appropriated by title
III of the Foreign Aid and Related Agencies Appropriations Act, 1963
(Public Law 87-872) and section 1101(b) of the Supplemental
Appropriations Act, 1984 (Public Law 98-181) may also be used under
section 17 of the Bretton Woods Agreements Act pursuant to the New
Arrangements to Borrow.
General Provisions--This Title
Sec. 601. None of the funds appropriated in this title may be
obligated or made available to the International Monetary Fund
[[Page 112 STAT. 2681-219]]
until 15 days after the Secretary of the Treasury and the Chairman of
the Board of Governors of the Federal Reserve System jointly provide
written notification to the appropriate committees that the major
shareholders of the Fund have publicly agreed to, and will act to
implement in the Fund the following policies:
(1) Policies providing that conditions in standby or other
arrangements regarding the use of Fund resources include, in
addition to appropriate monetary policy conditions, requirements
that the recipient country, in accordance with a schedule for
action--
(A) liberalize restrictions on trade in goods and
services, consistent with the terms of all international
trade agreements of which the borrowing country is a
signatory;
(B) eliminate the systemic practice or policy of
government directed lending on non-commercial terms or
provision of market distorting subsidies to favored
industries, enterprises, parties, or institutions; and
(C) provide a legal basis for nondiscriminatory
treatment in insolvency proceedings between domestic and
foreign creditors, and for debtors and other concerned
persons.
(2) Policies providing that within 3 months after any
meeting of the Executive Board of the Fund at which a Letter of
Intent, a Policy Framework Paper, an Article IV economic review
consultation with a member country, or a change in a general
policy of the Fund is discussed, a full written summary of the
meeting should be made available for public inspection, with the
following information redacted:
(A) Information which, if released, would adversely
affect the national security of a country, and which is
of the type that would be classified by the United
States Government.
(B) Market-sensitive information.
(C) Proprietary information.
(3) Policies providing that within 3 months after any
meeting of the Executive Board of the Fund at which a Letter of
Intent, a Memorandum of Understanding, or a Policy Framework
Paper is discussed, a copy of the Letter of Intent, Memorandum
of Understanding, or Policy Framework Paper should be made
available for public inspection with the following information
redacted:
(A) Information which, if released, would adversely
affect the national security of a country, and which is
of the type that would be classified by the United
States Government.
(B) Market-sensitive information.
(C) Proprietary information.
(4) Policies providing that, in circumstances where a
country is experiencing balance of payments difficulties due to
a large short-term financing need resulting from a sudden and
disruptive loss of market confidence and in order to provide an
incentive for early repayment and encourage private market
financing, loans made from the Fund's general resources after
the date of the enactment of this section are--
(A) made available at an interest rate that reflects
an adjustment for risk that is not less than 300 basis
points in excess of the average of the market-based
short-term cost of financing of its largest members; and
[[Page 112 STAT. 2681-220]]
(B) repaid within 1 to 2\1/2\ years from each
disbursement.
Sec. 602. (a) The Secretary of the Treasury shall instruct the
United States Executive Director at the International Monetary Fund to
exert the influence of the United States to oppose further disbursement
of funds to the Republic of Korea under the Republic of Korea's standby
arrangement of December 4, 1997 (in this section referred to as the
``Arrangement''), unless there is in effect a certification by the
Secretary of the Treasury to the appropriate committees that--
(1) no Fund resources made available pursuant to the
Arrangement have been used to provide financial assistance to
the semiconductor, steel, automobile, shipbuilding, or textile
and apparel industries;
(2) the Fund has neither guaranteed nor underwritten the
private loans of semiconductor, steel, automobile, shipbuilding,
or textile and apparel manufacturers under the Arrangement; and
(3) officials from the Fund and the Department of the
Treasury have monitored the implementation of the provisions
contained in the Arrangement, and all of the conditions have
either been met or the Republic of Korea has committed itself to
fulfill all of these conditions according to an explicit
timetable for completion; which timetable has been provided to
the Fund and the Department of the Treasury and approved by the
Fund.
(b) Before each disbursement of Fund resources to the Republic of
Korea under the Arrangement, the Secretary of the Treasury shall report
to the appropriate committees on whether a certification by the
Secretary pursuant to subsection (a) is in effect.
<> Sec. 603.
(a) In General.--The Secretary of the Treasury shall establish an
International Financial Institution Advisory Commission (in this section
referred to as the ``Commission'').
(b) Membership.--
(1) In general.--The Commission shall be composed of 11
members, as follows:
(A) 3 members appointed by the Speaker of the House
of Representatives.
(B) 3 members appointed by the Majority Leader of
the Senate.
(C) 5 members appointed jointly by the Minority
Leader of the House of Representatives and the Minority
Leader of the Senate.
(2) Timing of appointments.--All appointments to the
Commission shall be made not later than 45 days after the date
of enactment of this Act.
(3) Chairman.--The Majority Leader of the Senate, after
consultation with the Speaker of the House of Representatives
and the Minority Leaders of the House of Representatives and the
Senate, shall designate 1 of the members of the Commission to
serve as Chairman of the Commission.
[[Page 112 STAT. 2681-221]]
(c) Qualifications.--
(1) Expertise.--Members of the Commission shall be appointed
from among those with knowledge and expertise in the workings of
the international financial institutions (as defined in section
1701(c)(2) of the International Financial Institutions Act), the
World Trade Organization, and the Bank for International
Settlements.
(2) Former affiliation.--At least 4 members of the
Commission shall be individuals who were officers or employees
of the Executive Branch before January 20, 1992, and not more
than half of such 4 members shall have served under Presidents
from the same political party.
(d) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall be
filled in the same manner as the original appointment was made.
(e) Duties of the Commission.--The Commission shall advise and
report to the Congress on the future role and responsibilities of the
international financial institutions (as defined in section 1701(c)(2)
of the International Financial Institutions Act), the World Trade
Organization, and the Bank for International Settlements. In carrying
out such duties, the Commission shall meet with and advise the Secretary
of the Treasury or the Deputy Secretary of the Treasury, and shall
examine--
(1) the effect of globalization, increased trade, capital
flows, and other relevant factors on such institutions;
(2) the adequacy, efficacy, and desirability of current
policies and programs at such institutions as well as their
suitability for respective beneficiaries of such institutions;
(3) cooperation or duplication of functions and
responsibilities of such institutions; and
(4) other matters the Commission deems necessary to make
recommendations pursuant to subsection (g).
(f) Powers and Procedures of the Commission.--
(1) Hearings.--The Commission or, at its direction, any
panel or member of the Commission may, for the purpose of
carrying out the provisions of this section, hold hearings, sit
and act at times and places, take testimony, receive evidence,
and administer oaths to the extent that the Commission or any
panel or member considers advisable.
(2) Information.--The Commission may secure directly
information that the Commission considers necessary to enable
the Commission to carry out its responsibilities under this
section.
(3) Meetings.--The Commission shall meet at the call of the
Chairman.
(g) Report.--On the termination of the Commission, the Commission
shall submit to the Secretary of the Treasury and the appropriate
committees a report that contains recommendations regarding the
following matters:
(1) Changes to policy goals set forth in the Bretton Woods
Agreements Act and the International Financial Institutions Act.
(2) Changes to the charters, organizational structures,
policies and programs of the international financial
institutions (as defined in section 1701(c)(2) of the
International Financial Institutions Act).
[[Page 112 STAT. 2681-222]]
(3) Additional monitoring tools, global standards, or
regulations for, among other things, global capital flows,
bankruptcy standards, accounting standards, payment systems, and
safety and soundness principles for financial institutions.
(4) Possible mergers or abolition of the international
financial institutions (as defined in section 1701(c)(2) of the
International Financial Institutions Act), including changes to
the manner in which such institutions coordinate their policy
and program implementation and their roles and responsibilities.
(5) Any additional changes necessary to stabilize
currencies, promote continued trade liberalization and to avoid
future financial crises.
(h) Termination.--The Commission shall terminate 6 months after the
first meeting of the Commission, which shall be not later than 30 days
after the appointment of all members of the Commission.
(i) Reports by the Executive Branch.--
(1) Within three months after receiving the report of the
Commission under subsection (g), the President of the United
States through the Secretary of the Treasury shall report to the
appropriate committees on the desirability and feasibility of
implementing the recommendations contained in the report.
(2) Annually, for three years after the termination of the
Commission, the President of the United States through the
Secretary of the Treasury shall submit to the appropriate
committees a report on the steps taken, if any, through relevant
international institutions and international fora to implement
such recommendations as are deemed feasible and desirable under
paragraph (1).
Sec. 604. The Secretary of the Treasury shall instruct the United
States Executive Director at the International Monetary Fund to exert
the influence of the United States to seek the establishment of a
permanent advisory committee to the Interim Committee of the Board of
Governors of the Fund, that is to consist of elected members of the
national legislatures of the member countries directly represented by
appointed members of the Executive Board of the Fund, and to seek to
ensure that the permanent advisory committee has the same access to Fund
documents as is afforded to the Executive Board of the Fund.
Sec. 605. (a) The Secretary of the Treasury shall instruct the
United States Executive Director at the International Monetary Fund to
exert the influence of the United States to strengthen Fund procedures
for ascertaining that funds disbursed by the Fund are used by the
central bank (or other fiscal agent) of a borrowing country in a manner
that complies with the conditions of the Fund program for the country.
(b) On request of the appropriate committees, the United States
Executive Director shall obtain from the Fund and make available to such
committees, on a confidential basis if necessary, data concerning such
compliance.
(c) Within 6 months after the date of the enactment of this Act, the
Secretary of the Treasury shall report to the appropriate
[[Page 112 STAT. 2681-223]]
committees on the progress made toward achieving the requirements of
this section.
(d) On a quarterly basis, the Secretary of the Treasury shall report
to the appropriate committees on the standby or other arrangements of
the Fund made during the preceding quarter, identifying separately the
arrangements to which the policies described in section 601(4) of this
title apply and the arrangements to which such policies do not apply.
Sec. 606. Not later than <> July 15, 1999,
and July 15, 2000, the Secretary of the Treasury shall report to the
Chairmen and Ranking Members of the appropriate committees on the
progress of efforts to reform the architecture of the international
monetary system. The reports shall include a discussion of the substance
of the United States position in consultations with other governments
and the degree of progress in achieving international acceptance and
implementation of such position with respect to the following issues:
(1) Adapting the mission and capabilities of the
International Monetary Fund to take better account of the
increased importance of cross-border capital flows in the world
economy and improving the coordination of its responsibilities
and activities with those of the International Bank for
Reconstruction and Development.
(2) Advancing measures to prevent, and improve the
management of, international financial crises, including by--
(A) integrating aspects of national bankruptcy
principles into the management of international
financial crises where feasible; and
(B) changing investor expectations about official
rescues, thereby reducing moral hazard and systemic risk
in international financial markets,
in order to help minimize the adjustment costs that the
resolution of financial crises may impose on the real economy,
in the form of disrupted patterns of trade, employment, and
progress in living standards, and reduce the frequency and
magnitude of claims on United States taxpayer resources.
(3) Improving international economic policy cooperation,
including among the Group of Seven countries, to take better
account of the importance of cross-border capital flows in the
determination of exchange rate relationships.
(4) Improving international cooperation in the supervision
and regulation of financial institutions and markets.
(5) Strengthening the financial sector in emerging
economies, including by improving the coordination of financial
sector liberalization with the establishment of strong public
and private institutions in the areas of prudential supervision,
accounting and disclosure conventions, bankruptcy laws and
administrative procedures, and the collection and dissemination
of economic and financial statistics, including the maturity
structure of foreign indebtedness.
(6) Advocating that implementation of European Economic and
Monetary Union and the advent of the European Currency Unit, or
euro, proceed in a manner that is consistent with
[[Page 112 STAT. 2681-224]]
strong global economic growth and stability in world financial
markets.
<> Sec.
607. For purposes of sections 601 through 606 of this title, the term
``appropriate committees'' means the Committees on Appropriations,
Foreign Relations, and Banking, Housing, and Urban Affairs of the Senate
and the Committees on Appropriations and Banking and Financial Services
of the House of Representatives.
Sec. 608. The Bretton Woods Agreements Act (22 U.S.C. 286-286mm) is
amended by adding at the end the following:
``SEC. 61. <> QUOTA INCREASE.
``(a) In General.--The United States Governor of the Fund may
consent to an increase in the quota of the United States in the Fund
equivalent to 10,622,500,000 Special Drawing Rights.
``(b) Subject to Appropriations.--The authority provided by
subsection (a) shall be effective only to such extent or in such amounts
as are provided in advance in appropriations Acts.''.
Sec. 609. Section 17 of the Bretton Woods Agreements Act (22 U.S.C.
286e-2 et seq.) <> is amended--
(1) in subsection (a)--
(A) by striking ``and February 24, 1983'' and
inserting ``February 24, 1983, and January 27, 1997'';
and
(B) by striking ``4,250,000,000'' and inserting
``6,712,000,000'';
(2) in subsection (b), by striking ``4,250,000,000'' and
inserting ``6,712,000,000''; and
(3) in subsection (d)--
(A) by inserting ``or the Decision of January 27,
1997,'' after ``February 24, 1983,''; and
(B) by inserting ``or the New Arrangements to
Borrow, as applicable'' before the period at the end.
Sec. 610. (a) In General.--Title XV of the International Financial
Institutions Act (22 U.S.C. 262o-262o-1) is amended by adding at the end
the following:
``SEC. 1503. <> ADVOCACY OF POLICIES TO ENHANCE
THE GENERAL EFFECTIVENESS OF THE INTERNATIONAL MONETARY
FUND.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund to
use aggressively the voice and vote of the Executive Director to do the
following:
``(1) Vigorously promote policies to increase the
effectiveness of the International Monetary Fund in structuring
programs and assistance so as to promote policies and actions
[[Page 112 STAT. 2681-225]]
that will contribute to exchange rate stability and avoid
competitive devaluations that will further destabilize the
international financial and trading systems.
``(2) Vigorously promote policies to increase the
effectiveness of the International Monetary Fund in promoting
market-oriented reform, trade liberalization, economic growth,
democratic governance, and social stability through--
``(A) establishing an independent monetary
authority, with full power to conduct monetary policy,
that provides for a non-inflationary domestic currency
that is fully convertible in foreign exchange markets;
``(B) opening domestic markets to fair and open
internal competition among domestic enterprises by
eliminating inappropriate favoritism for small or large
businesses, eliminating elite monopolies, creating and
effectively implementing anti-trust and anti-monopoly
laws to protect free competition, and establishing fair
and accessible legal procedures for dispute settlement
among domestic enterprises;
``(C) privatizing industry in a fair and equitable
manner that provides economic opportunities to a broad
spectrum of the population, eliminating government and
elite monopolies, closing loss-making enterprises, and
reducing government control over the factors of
production;
``(D) economic deregulation by eliminating
inefficient and overly burdensome regulations and
strengthening the legal framework supporting private
contract and intellectual property rights;
``(E) establishing or strengthening key elements of
a social safety net to cushion the effects on workers of
unemployment and dislocation; and
``(F) encouraging the opening of markets for
agricultural commodities and products by requiring
recipient countries to make efforts to reduce trade
barriers.
``(3) Vigorously promote policies to increase the
effectiveness of the International Monetary Fund, in concert
with appropriate international authorities and other
international financial institutions (as defined in section
1701(c)(2)), in strengthening financial systems in developing
countries, and encouraging the adoption of sound banking
principles and practices, including the development of laws and
regulations that will help to ensure that domestic financial
institutions meet strong standards regarding capital reserves,
regulatory oversight, and transparency.
``(4) Vigorously promote policies to increase the
effectiveness of the International Monetary Fund, in concert
with appropriate international authorities and other
international financial institutions (as defined in section
1701(c)(2)), in facilitating the development and implementation
of internationally acceptable domestic bankruptcy laws and
regulations in developing countries, including the provision of
technical assistance as appropriate.
``(5) Vigorously promote policies that aim at appropriate
burden-sharing by the private sector so that investors and
creditors bear more fully the consequences of their decisions,
and accordingly advocate policies which include--
[[Page 112 STAT. 2681-226]]
``(A) strengthening crisis prevention and early
warning signals through improved and more effective
surveillance of the national economic policies and
financial market development of countries (including
monitoring of the structure and volume of capital flows
to identify problematic imbalances in the inflow of
short and medium term investment capital, potentially
destabilizing inflows of offshore lending and foreign
investment, or problems with the maturity profiles of
capital to provide warnings of imminent economic
instability), and fuller disclosure of such information
to market participants;
``(B) accelerating work on strengthening financial
systems in emerging market economies so as to reduce the
risk of financial crises;
``(C) consideration of provisions in debt contracts
that would foster dialogue and consultation between a
sovereign debtor and its private creditors, and among
those creditors;
``(D) consideration of extending the scope of the
International Monetary Fund's policy on lending to
members in arrears and of other policies so as to foster
the dialogue and consultation referred to in
subparagraph (C);
``(E) intensified consideration of mechanisms to
facilitate orderly workout mechanisms for countries
experiencing debt or liquidity crises;
``(F) consideration of establishing ad hoc or formal
linkages between the provision of official financing to
countries experiencing a financial crisis and the
willingness of market participants to meaningfully
participate in any stabilization effort led by the
International Monetary Fund;
``(G) using the International Monetary Fund to
facilitate discussions between debtors and private
creditors to help ensure that financial difficulties are
resolved without inappropriate resort to public
resources; and
``(H) the International Monetary Fund accompanying
the provision of funding to countries experiencing a
financial crisis resulting from imprudent borrowing with
efforts to achieve a significant contribution by the
private creditors, investors, and banks which had
extended such credits.
``(6) Vigorously promote policies that would make the
International Monetary Fund a more effective mechanism, in
concert with appropriate international authorities and other
international financial institutions (as defined in section
1701(c)(2)), for promoting good governance principles within
recipient countries by fostering structural reforms, including
procurement reform, that reduce opportunities for corruption and
bribery, and drug-related money laundering.
``(7) Vigorously promote the design of International
Monetary Fund programs and assistance so that governments that
draw on the International Monetary Fund channel public funds
away from unproductive purposes, including large `show case'
projects and excessive military spending, and toward investment
in human and physical capital as well as social programs to
protect the neediest and promote social equity.
``(8) Work with the International Monetary Fund to foster
economic prescriptions that are appropriate to the individual
economic circumstances of each recipient country, recognizing
that inappropriate stabilization programs may only serve to
[[Page 112 STAT. 2681-227]]
further destabilize the economy and create unnecessary economic,
social, and political dislocation.
``(9) Structure International Monetary Fund programs and
assistance so that the maintenance and improvement of core labor
standards are routinely incorporated as an integral goal in the
policy dialogue with recipient countries, so that--
``(A) recipient governments commit to affording
workers the right to exercise internationally recognized
core worker rights, including the right of free
association and collective bargaining through unions of
their own choosing;
``(B) measures designed to facilitate labor market
flexibility are consistent with such core worker rights;
and
``(C) the staff of the International Monetary Fund
surveys the labor market policies and practices of
recipient countries and recommends policy initiatives
that will help to ensure the maintenance or improvement
of core labor standards.
``(10) Vigorously promote International Monetary Fund
programs and assistance that are structured to the maximum
extent feasible to discourage practices which may promote ethnic
or social strife in a recipient country.
``(11) Vigorously promote recognition by the International
Monetary Fund that macroeconomic developments and policies can
affect and be affected by environmental conditions and policies,
and urge the International Monetary Fund to encourage member
countries to pursue macroeconomic stability while promoting
environmental protection.
``(12) Facilitate greater International Monetary Fund
transparency, including by enhancing accessibility of the
International Monetary Fund and its staff, fostering a more open
release policy toward working papers, past evaluations, and
other International Monetary Fund documents, seeking to publish
all Letters of Intent to the International Monetary Fund and
Policy Framework Papers, and establishing a more open release
policy regarding Article IV consultations.
``(13) Facilitate greater International Monetary Fund
accountability and enhance International Monetary Fund self-
evaluation by vigorously promoting review of the effectiveness
of the Office of Internal Audit and Inspection and the Executive
Board's external evaluation pilot program and, if necessary, the
establishment of an operations evaluation department modeled on
the experience of the International Bank for Reconstruction and
Development, guided by such key principles as usefulness,
credibility, transparency, and independence.
``(14) Vigorously promote coordination with the
International Bank for Reconstruction and Development and other
international financial institutions (as defined in section
1701(c)(2)) in promoting structural reforms which facilitate the
provision of credit to small businesses, including
microenterprise lending, especially in the world's poorest,
heavily indebted countries.
``(b) Coordination With Other Executive Departments.--To the extent
that it would assist in achieving the goals described in subsection (a),
the Secretary of the Treasury shall pursue the goals in coordination
with the Secretary of State, the Secretary of Labor, the Secretary of
Commerce, the Administrator of the Environmental Protection Agency, the
Administrator of the Agency
[[Page 112 STAT. 2681-228]]
for International Development, and the United States Trade
Representative.''.
(b) Advisory Committee on IMF Policy.--Section 1701 of such Act (22
U.S.C. 262p-5) <> is amended by adding at the end
the following:
``(e) Advisory Committee on IMF Policy.--
``(1) In general.--The Secretary of the Treasury should
establish an International Monetary Fund Advisory Committee (in
this subsection referred to as the `Advisory Committee').
``(2) Membership.--The Advisory Committee should consist of
members appointed by the Secretary of the Treasury, after
appropriate consultations with the relevant organizations. Such
members should include representatives from industry,
representatives from agriculture, representatives from organized
labor, representatives from banking and financial services, and
representatives from nongovernmental environmental and human
rights organizations.''.
Sec. 611. Title XIV of the International Financial Institutions Act
(22 U.S.C. 262n-262n-2) is amended by adding at the end the following:
``SEC. 1404. <> REDUCTION OF BARRIERS TO
AGRICULTURAL TRADE.
``The Secretary of the Treasury shall instruct the United States
Executive Director at the International Monetary Fund to use
aggressively the voice and vote of the United States to vigorously
promote policies to encourage the opening of markets for agricultural
commodities and products by requiring recipient countries to make
efforts to reduce trade barriers.''.
Sec. 612. Title XVII of the International Financial Institutions Act
(22 U.S.C. 262r-262r-2) is amended by adding at the end the following:
``SEC. 1704. <> REPORTS ON FINANCIAL STABILIZATION
PROGRAMS LED BY THE INTERNATIONAL MONETARY FUND IN
CONNECTION WITH FINANCING FROM THE EXCHANGE STABILIZATION
FUND.
``(a) In General.--The Secretary of the Treasury, in consultation
with the Secretary of Commerce and other appropriate Federal agencies,
shall prepare reports on the implementation of financial stabilization
programs (and any material terms and conditions thereof) led by the
International Monetary Fund in countries in connection with which the
United States has made a commitment to provide, or has provided
financing from the stabilization fund established under section 5302 of
title 31, United States Code. The reports shall include the following:
``(1) A description of the condition of the economies of
countries requiring the financial stabilization programs,
including the monetary, fiscal, and exchange rate policies of
the countries.
``(2) A description of the degree to which the countries
requiring the financial stabilization programs have fully
[[Page 112 STAT. 2681-229]]
implemented financial sector restructuring and reform measures
required by the International Monetary Fund, including--
``(A) ensuring full respect for the commercial
orientation of commercial bank lending;
``(B) ensuring that governments will not intervene
in bank management and lending decisions (except in
regard to prudential supervision);
``(C) the enactment and implementation of
appropriate financial reform legislation;
``(D) strengthening the domestic financial system
and improving transparency and supervision; and
``(E) the opening of domestic capital markets.
``(3) A description of the degree to which the countries
requiring the financial stabilization programs have fully
implemented reforms required by the International Monetary Fund
that are directed at corporate governance and corporate
structure, including--
``(A) making nontransparent conglomerate practices
more transparent through the application of
internationally accepted accounting practices,
independent external audits, full disclosure, and
provision of consolidated statements; and
``(B) ensuring that no government subsidized support
or tax privileges will be provided to bail out
individual corporations, particularly in the
semiconductor, steel, and paper industries.
``(4) A description of the implementation of reform measures
required by the International Monetary Fund to deregulate and
privatize economic activity by ending domestic monopolies,
undertaking trade liberalization, and opening up restricted
areas of the economy to foreign investment and competition.
``(5) A detailed description of the trade policies of the
countries, including any unfair trade practices or adverse
effects of the trade policies on the United States.
``(6) A description of the extent to which the financial
stabilization programs have resulted in appropriate burden-
sharing among private sector creditors, including rescheduling
of outstanding loans by lengthening maturities, agreements on
debt reduction, and the extension of new credit.
``(7) A description of the extent to which the economic
adjustment policies of the International Monetary Fund and the
policies of the government of the country adequately balance the
need for financial stabilization, economic growth, environmental
protection, social stability, and equity for all elements of the
society.
``(8) Whether International Monetary Fund involvement in
labor market flexibility measures has had a negative effect on
core worker rights, particularly the rights of free association
and collective bargaining.
``(9) A description of any pattern of abuses of core worker
rights in recipient countries.
``(10) The amount, rate of interest, and disbursement and
repayment schedules of any funds disbursed from the
stabilization fund established under section 5302 of title 31,
United States Code, in the form of loans, credits, guarantees,
or swaps, in support of the financial stabilization programs.
[[Page 112 STAT. 2681-230]]
``(11) The amount, rate of interest, and disbursement and
repayment schedules of any funds disbursed by the International
Monetary Fund to the countries in support of the financial
stabilization programs.
``(b) Timing.--Not later than March 15, 1999, and semiannually
thereafter, the Secretary of the Treasury shall submit to 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 a report on the
matters described in subsection (a).''.
Sec. 613. Title XVII of the International Financial Institutions Act
(22 U.S.C. 262r-262r-2) is further amended by adding at the end the
following:
``SEC. 1705. <> ANNUAL REPORT AND TESTIMONY ON THE
STATE OF THE INTERNATIONAL FINANCIAL SYSTEM, IMF REFORM, AND
COMPLIANCE WITH IMF AGREEMENTS.
``(a) Reports.--Not later than October 1 of each year, the Secretary
of the Treasury shall submit to the Committee on Banking and Financial
Services of the House of Representatives and the Committee on Foreign
Relations of the Senate a written report on the progress (if any) made
by the United States Executive Director at the International Monetary
Fund in influencing the International Monetary Fund to adopt the
policies and reform its internal procedures in the manner described in
section 1503.
``(b) Testimony.--After submitting the report required by subsection
(a) but not later than March 1 of each year, the Secretary of the
Treasury shall appear before the Committee on Banking and Financial
Services of the House of Representatives and the Committee on Foreign
Relations of the Senate and present testimony on--
``(1) any progress made in reforming the International
Monetary Fund;
``(2) the status of efforts to reform the international
financial system; and
``(3) the compliance of countries which have received
assistance from the International Monetary Fund with agreements
made as a condition of receiving the assistance.''.
Sec. 614. Title XVII of the International Financial Institutions Act
(22 U.S.C. 262r-262r-2) is further amended by adding at the end the
following:
`` <> SEC. 1706. AUDITS OF THE INTERNATIONAL
MONETARY FUND.
``(a) Access to Materials.--Not later than 30 days after the date of
the enactment of this section, the Secretary of the Treasury shall
certify to the Committee on Banking and Financial Services of the House
of Representatives and the Committee on Foreign Relations of the Senate
that the Secretary has instructed the United States Executive Director
at the International Monetary Fund to facilitate timely access by the
General Accounting Office to
[[Page 112 STAT. 2681-231]]
information and documents of the International Monetary Fund needed by
the Office to perform financial reviews of the International Monetary
Fund that will facilitate the conduct of United States policy with
respect to the Fund.
``(b) Reports.--Not later than June 30, 1999, and annually
thereafter, the Comptroller General of the United States shall prepare
and submit to the committees specified in subsection (a), the Committee
on Appropriations of the House of Representatives, and the Committee on
Appropriations of the Senate a report on the financial operations of the
Fund during the preceding year, which shall include--
``(1) the current financial condition of the International
Monetary Fund;
``(2) the amount, rate of interest, disbursement schedule,
and repayment schedule for any loans that were initiated or
outstanding during the preceding calendar year, and with respect
to disbursement schedules, the report shall identify and discuss
in detail any conditions required to be fulfilled by a borrower
country before a disbursement is made;
``(3) a detailed description of whether the trade policies
of borrower countries permit free and open trade by the United
States and other foreign countries in the borrower countries;
``(4) a detailed description of the export policies of
borrower countries and whether the policies may result in
increased export of their products, goods, or services to the
United States which may have significant adverse effects on, or
result in unfair trade practices against or affecting United
States companies, farmers, or communities;
``(5) a detailed description of any conditions of
International Monetary Fund loans which have not been met by
borrower countries, including a discussion of the reasons why
such conditions were not met, and the actions taken by the
International Monetary Fund due to the borrower country's
noncompliance;
``(6) an identification of any borrower country and loan on
which any loan terms or conditions were renegotiated in the
preceding calendar year, including a discussion of the reasons
for the renegotiation and any new loan terms and conditions; and
``(7) a specification of the total number of loans made by
the International Monetary Fund from its inception through the
end of the period covered by the report, the number and
percentage (by number) of such loans that are in default or
arrears, and the identity of the countries in default or
arrears, and the number of such loans that are outstanding as of
the end of period covered by the report and the aggregate amount
of the outstanding loans and the average yield (weighted by loan
principal) of the historical and outstanding loan portfolios of
the International Monetary Fund.''.
This Act may be cited as the ``Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1999''.
(e) For programs, projects or activities in the Department of the
Interior and Related Agencies Appropriations Act, 1999, provided as
follows, to be effective as if it had been enacted into law as the
regular appropriations Act:
[[Page 112 STAT. 2681-232]]
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
For expenses necessary for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law, in
the management of lands and their resources under the jurisdiction of
the Bureau of Land Management, including the general administration of
the Bureau, and assessment of mineral potential of public lands pursuant
to Public Law 96-487 (16 U.S.C. 3150(a)), $619,311,000, to remain
available until expended, of which $2,082,000 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
$3,000,000 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 $1,500,000 shall be available in fiscal year
1999 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; in addition, $32,650,000 for
Mining Law Administration program operations, including the cost of
administering the mining claim fee program; to remain available until
expended, to be reduced by amounts collected by the Bureau and credited
to this appropriation from annual mining claim fees so as to result in a
final appropriation estimated at not more than $619,311,000, and
$2,000,000, to remain available until expended, from communication site
rental fees established by the Bureau for the cost of administering
communication site activities: Provided, That appropriations herein made
shall not be available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau or its contractors.
For necessary expenses for fire preparedness, suppression
operations, emergency rehabilitation; and hazardous fuels reduction by
the Department of the Interior, $286,895,000, to remain available until
expended, of which not to exceed $6,950,000 shall be for the renovation
or construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes: Provided
further, That unobligated balances of amounts previously appropriated to
the ``Fire Protection'' and ``Emergency Department of the Interior
Firefighting Fund'' may be transferred and merged with this
appropriation: Provided further, That persons hired pursuant to 43
U.S.C. 1469 may be furnished subsistence and lodging without cost from
funds available from this appropriation: Provided further, That
notwithstanding 42 U.S.C. 1856d, sums received by a Bureau or office of
the Department of the Interior for fire protection rendered pursuant to
42 U.S.C. 1856 et seq., Protection of United States Property, may be
credited to the appropriation from which funds were expended
[[Page 112 STAT. 2681-233]]
to provide that protection, and are available without fiscal year
limitation.
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.
For construction of buildings, recreation facilities, roads, trails,
and appurtenant facilities, $10,997,000, to remain available until
expended.
For expenses necessary to implement the Act of October 20, 1976, as
amended (31 U.S.C. 6901-6907), $125,000,000, 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.
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, $14,600,000, to be derived from
the Land and Water Conservation Fund, to remain available until
expended.
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein including existing
connecting roads on or adjacent to such grant lands; $97,037,000, 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
[[Page 112 STAT. 2681-234]]
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).
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.
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent of
all moneys received during the prior fiscal year under sections 3 and 15
of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be collected
under Public Law 94-579, as amended, and Public Law 93-153, to remain
available until <> expended: Provided, That notwithstanding any provision to the
contrary of section 305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any
moneys that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C.
1735(c)), shall be available and may be expended under the authority of
this Act by the Secretary to improve, protect, or rehabilitate any
public lands administered through the Bureau of Land Management which
have been damaged by the action of a resource developer, purchaser,
permittee, or any unauthorized person, without regard to whether all
moneys collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any such moneys
that are in excess of amounts needed
[[Page 112 STAT. 2681-235]]
to repair damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
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.
Appropriations for the Bureau of Land Management shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on his certificate, not to exceed $10,000: Provided, That
notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share the cost of printing either
in cash or in services, and the Bureau determines the cooperator is
capable of meeting accepted quality standards.
Section 28f(a) of title 30, United States Code, is amended by
striking the first sentence and inserting, ``The holder of each
unpatented mining claim, mill, or tunnel site, located pursuant to the
mining laws of the United States, whether located before or after the
enactment of this Act, shall pay to the Secretary of the Interior, on or
before September 1 of each year for years 1999 through 2001, a claim
maintenance fee of $100 per claim or site.''
Section 28f(d) of title 30, United States Code, is amended by adding
the following new subsection at the end:
``(3) If a small miner waiver application is determined to
be defective for any reason, the claimant shall have a period of
60 days after receipt of written notification of the defect or
defects by the Bureau of Land Management to: (A) cure such
defect or defects, or (B) pay the $100 claim maintenance fee due
for such period.''.
Section 28g of title 30, United States Code, is amended by striking
``and before September 30, 1998'' and inserting in lieu thereof ``and
before September 30, 2001''.
United States Fish and Wildlife Service
For necessary expenses of the United States Fish and Wildlife
Service, for scientific and economic studies, conservation, management,
investigations, protection, and utilization of fishery and
[[Page 112 STAT. 2681-236]]
wildlife resources, except whales, seals, and sea lions, maintenance of
the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge,
general administration, and for the performance of other authorized
functions related to such resources by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with public
and private entities, $661,136,000, to remain available until September
30, 2000, except as otherwise provided herein, of which $11,648,000
shall remain available until expended for operation and maintenance of
fishery mitigation facilities constructed by the Corps of Engineers
under the Lower Snake River Compensation Plan, authorized by the Water
Resources Development Act of 1976, to compensate for loss of fishery
resources from water development projects on the Lower Snake River, and
of which not less than $2,000,000 shall be provided to local governments
in southern California for planning associated with the Natural
Communities Conservation Planning (NCCP) program and shall remain
available until expended: Provided, That not less than $1,000,000 for
high priority projects which shall be carried out by the Youth
Conservation Corps as authorized by the Act of August 13, 1970, as
amended: Provided further, That not to exceed $5,756,000 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 subsections (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 hereafter, all fees collected for Federal migratory bird
permits shall be available to the Secretary, without further
appropriation, to be used for the expenses of the U.S. Fish and Wildlife
Service in administering such Federal migratory bird permits, and shall
remain available until expended: Provided further, That <> hereafter, pursuant to 31 U.S.C. 9701 and
notwithstanding 31 U.S.C. 3302, the Secretary shall charge reasonable
fees for the full costs of the U.S. Fish and Wildlife Service in
operating and maintaining the M/V Tiglax and other vessels, to be
credited to this account and to be available until expended: Provided
further, That of the amount provided for environmental contaminants, up
to $1,000,000 may remain available until expended for contaminant sample
analyses.
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; $50,453,000, to remain available until
expended: Provided, That under this heading in Public Law 105-174, the
word ``fire,'' is inserted before the word ``floods''.
[[Page 112 STAT. 2681-237]]
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of land or waters, or
interest therein, in accordance with statutory authority applicable to
the United States Fish and Wildlife Service, $48,024,000, to be derived
from the Land and Water Conservation Fund and to remain available until
expended, of which $1,000,000, together with such other sums as may
become available, is for a grant to the State of Ohio for acquisition of
the Howard Farm near Metzger Marsh in the State of Ohio.
For expenses necessary to carry out the provisions of the Endangered
Species Act of 1973 (16 U.S.C. 1531-1543), as amended, $14,000,000, to
be derived from the Cooperative Endangered Species Conservation Fund,
and to remain available until expended.
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $10,779,000.
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.
For necessary expenses of the Wildlife Conservation and Appreciation
Fund, $800,000, to remain available until expended.
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245,
and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
96), and the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C.
5301-5306), $2,000,000, to remain available until expended: Provided,
That unexpended balances of amounts previously appropriated to the
African Elephant Conservation Fund, Rewards and Operations account, and
Rhinoceros and Tiger Conservation Fund may be transferred to and merged
with this appropriation: Provided further, <> That in fiscal year 1999 and
thereafter, donations to provide assistance under section 5304 of the
Rhinoceros and Tiger Conservation Act, subchapter I of the African
Elephant Conservation Act, and section 6 of the Asian Elephant
Conservation Act of 1997 shall be deposited to this Fund and shall be
available without further appropriation: Provided further, That in
fiscal year 1999 and thereafter, all penalties received by the United
States under 16 U.S.C. 4224 which are not used to pay rewards under 16
U.S.C. 4225 shall be deposited to this Fund to provide assistance under
16 U.S.C. 4211 and shall be available without further appropriation:
Provided further, That in fiscal year 1999 and thereafter, not more than
three percent of amounts appropriated to this Fund
[[Page 112 STAT. 2681-238]]
may be used by the Secretary of the Interior to administer the Fund.
Appropriations and funds available to the United States Fish and
Wildlife Service shall be available for purchase of not to exceed 104
passenger motor vehicles, of which 89 are for replacement only
(including 38 for police-type use); repair of damage to public roads
within and adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed $1 for each
option; facilities incident to such public recreational uses on
conservation areas as are consistent with their primary purpose; and the
maintenance and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United States has
title, and which are used pursuant to law in connection with management
and investigation of fish and wildlife resources: Provided, That
notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost
sharing and partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-half the cost
of printing either in cash or services and the Service determines the
cooperator is capable of meeting accepted quality standards: Provided
further, That the Service may accept donated aircraft as replacements
for existing aircraft: Provided further, That notwithstanding any other
provision of law, the Secretary of the Interior may not spend any of the
funds appropriated in this Act for the purchase of lands or interests in
lands to be used in the establishment of any new unit of the National
Wildlife Refuge System unless the purchase is approved in advance by the
House and Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in Senate Report 105-56: Provided
further, That hereafter the Secretary may sell land and interests in
land, other than surface water rights, acquired in conformance with
subsections 206(a) and 207(c) of Public Law 101-618, the receipts of
which shall be deposited to the Lahontan Valley and Pyramid Lake Fish
and Wildlife Fund and used exclusively for the purposes of such
subsections, without regard to the limitation on the distribution of
benefits in subsection 206(f)(2) of such law: <> Provided further, That section
104(c)(50)(B) of the Marine Mammal Protection Act (16 U.S.C. 1361-1407)
is amended by inserting the words ``until expended'' after the word
``Secretary'' in the second sentence.
<> Unit SC-03--
(1) The Secretary of the Interior shall, before the end of
the 30-day period beginning on the date of the enactment of this
Act, make such corrections to the map described in paragraph (2)
as are necessary to ensure that depictions of areas on that map
are consistent with the depictions of areas appearing on the map
entitled ``Amendments to the Coastal Barrier Resources System'',
dated May 15, 1997, and on file with the Committee on Resources
of the House of Representatives.
(2) The map described in this paragraph is the map that--
[[Page 112 STAT. 2681-239]]
(A) is included in a set of maps entitled ``Coastal
Barrier Resources System'', dated October 24, 1990; and
(B) relates to unit SC-03 of the Coastal Barrier
Resources System.
Unit FL-35P--
(1) The Secretary of the Interior shall, before the end of
the 30-day period beginning on the date of the enactment of this
Act, make such corrections to the map described in paragraph (2)
as are necessary to ensure that depictions of areas on that map
are consistent with the depictions of areas appearing on the map
entitled ``Amendments to the Coastal Barrier Resources System'',
dated August 31, 1998, and on file with the Committee on
Resources of the House of Representatives.
(2) The map described in this paragraph is the map that--
(A) is included in a set of maps entitled ``Coastal
Barrier Resources System'', dated October 24, 1990; and
(B) relates to unit FL-35P of the Coastal Barrier
Resources System.
Unit FL-35--
The Secretary of the Interior shall, before the end of the
30-day period beginning on the date of the enactment of this
Act, revise the the map depicting unit FL-35 of the Coastal
Barrier Resources System to exclude Pumpkin Key from the System.
National Park Service
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service (including special road maintenance service to trucking
permittees on a reimbursable basis), and for the general administration
of the National Park Service, including not less than $1,000,000 for
high priority projects within the scope of the approved budget which
shall be carried out by the Youth Conservation Corps as authorized by 16
U.S.C. 1706, $1,285,604,000, of which not less than $600,000 is for
salaries and expenses by, at, and exclusively for new hires of mineral
examiners on site at the Mojave National Preserve, none of which may be
used for staff or administrative expenses for the geological resources
division in Denver, Colorado or any other location, and of which
$12,800,000 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 $10,000,000, 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.
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
statutory or contractual aid for other activities, and grant
administration, not otherwise provided for, $46,225,000.
[[Page 112 STAT. 2681-240]]
For expenses necessary in carrying out the Historic Preservation Act
of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and Public
Lands Management Act of 1996 (Public Law 104-333), $72,412,000, to be
derived from the Historic Preservation Fund, to remain available until
September 30, 2000, of which $7,000,000 pursuant to section 507 of
Public Law 104-333 shall remain available until expended: Provided, That
of the total amount provided, $30,000,000 shall be for Save America's
Treasures for priority preservation projects, including preservation of
intellectual and cultural artifacts and of historic structures and
sites, of the National Archives and Records Administration and of
Federal agencies to which funds were appropriated in the Fiscal Year
1998 Interior and Related Agencies Appropriations Act: Provided further,
That individual Save America's Treasures grants shall be subject to a
fifty percent non-Federal match, and shall be available by transfer to
appropriate accounts of individual agencies, after approval of projects
by the Secretary: Provided further, That the agencies shall develop a
common list of project selection criteria for Save America's Treasures
which shall include national significance, urgency of need, and
educational value, and which shall be approved by the House and Senate
Committees on Appropriations prior to any commitment of grant 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 any commitment of grant
funds: Provided further, That within the amount provided for Save
America's Treasures, $3,000,000 shall be transferred immediately to the
Smithsonian Institution for restoration of the Star Spangled Banner,
$500,000 shall be available for the Sewall-Belmont House and sufficient
funds to complete the restoration of the Declaration of Independence and
the U.S. Constitution located in the National Archives: Provided
further, That none of the funds provided for Save America's Treasures
may be used for administrative expenses, and staffing for the program
shall be available from the existing staffing levels in the National
Park Service.
For construction, improvements, repair or replacement of physical
facilities, including the modifications authorized by section 104 of the
Everglades National Park Protection and Expansion Act of 1989,
$226,058,000, to remain available until expended: Provided, That
$550,000 for the Susan B. Anthony House, $1,000,000 for the Virginia
City Historic District, $2,000,000 for the Field Museum, $500,000 for
the Hecksher Museum, $600,000 for the Sotterly Plantation House,
$1,500,000 for the Kendall County Courthouse, $1,000,000 for the U-505,
and $600,000 for the Wheeling National Heritage Area shall be derived
from the Historic Preservation Fund pursuant to 16 U.S.C. 470a.
The contract authority provided for fiscal year 1999 by <> 16 U.S.C.
460l-10a is rescinded.
[[Page 112 STAT. 2681-241]]
For expenses necessary to carry out the Land and Water Conservation
Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
administrative expenses, and for acquisition of lands or waters, or
interest therein, in accordance with statutory authority applicable to
the National Park Service, $147,925,000, to be derived from the Land and
Water Conservation Fund, to remain available until expended, of which
$500,000 is to administer the State assistance program: Provided, That
any funds made available for the purpose of acquisition of the Elwha and
Glines dams shall be used solely for acquisition, and shall not be
expended until the full purchase amount has been appropriated by the
Congress: Provided further, That the Secretary may acquire interests in
the property known as George Washington's Boyhood Home, Ferry Farm, from
the funds provided under this heading without regard to any restrictions
of the Land and Water Conservation Fund Act of 1965: Provided further,
That from the funds made available for land acquisition at Everglades
National Park and Big Cypress National Preserve, the Secretary may
provide for 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) 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.
Appropriations for the National Park Service shall be available for
the purchase of not to exceed 375 passenger motor vehicles, of which 291
shall be for replacement only, including not to exceed 305 for police-
type use, 12 buses, and 6 ambulances: Provided, That none of the funds
appropriated to the National Park Service may be used to process any
grant or contract documents which do not include the text of 18 U.S.C.
1913: Provided further, That none of the funds appropriated to the
National Park Service may be used to implement an agreement for the
redevelopment of the southern end of Ellis Island until such agreement
has been submitted to the Congress and shall not be implemented prior to
the expiration of 30 calendar days (not including any day in which
either House of Congress is not in session because of adjournment of
more than three calendar days to a day certain) from the receipt by the
Speaker of the House of Representatives and the President of the Senate
of a full and comprehensive report on the development of the southern
end of Ellis Island, including the facts and circumstances relied upon
in support of the proposed project.
None of the funds in this Act may be spent by the National Park
Service for activities taken in direct response to the United Nations
Biodiversity Convention.
The National Park Service may distribute to operating units based on
the safety record of each unit the costs of programs designed to improve
workplace and employee safety, and to
[[Page 112 STAT. 2681-242]]
encourage employees receiving workers' compensation benefits pursuant to
chapter 81 of title 5, United States Code, to return to appropriate
positions for which they are medically able.
United States Geological Survey
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, 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; $797,896,000, of
which $69,596,000 shall be available only for cooperation with States or
municipalities for water resources investigations; and of which
$16,400,000 shall remain available until expended for conducting
inquiries into the economic conditions affecting mining and materials
processing industries; and of which $2,000,000 shall remain available
until expended for ongoing development of a mineral and geologic data
base; and of which $161,221,000 shall be available until September 30,
2000 for the biological research activity and the operation of the
Cooperative Research Units: Provided, That of the funds available for
the biological research activity, $6,600,000 shall be made available by
grant to the University of Alaska for conduct of, directly or through
subgrants, basic marine research activities in the North Pacific Ocean
pursuant to a plan approved by the Department of Commerce, the
Department of the Interior, and the State of Alaska: Provided further,
That none of these funds provided for the biological research activity
shall be used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner: Provided
further, <> That no part of
this appropriation shall be used to pay more than one-half the cost of
topographic mapping or water resources data collection and
investigations carried on in cooperation with States and municipalities.
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
[[Page 112 STAT. 2681-243]]
the United States in the negotiation and administration of interstate
compacts: Provided, That activities funded by appropriations herein made
may be accomplished through the use of contracts, grants, or cooperative
agreements as defined in 31 U.S.C. 6302 et seq.: Provided further, That
the United States Geological Survey may 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
For expenses necessary for minerals leasing and environmental
studies, regulation of industry operations, and collection of royalties,
as authorized by law; for enforcing laws and regulations applicable to
oil, gas, and other minerals leases, permits, licenses and operating
contracts; and for matching grants or cooperative agreements; including
the purchase of not to exceed eight passenger motor vehicles for
replacement only; $117,902,000, of which $72,729,000 shall be available
for royalty management activities; and an amount not to exceed
$100,000,000, to be credited to this appropriation and to remain
available until expended, from additions to receipts resulting from
increases to rates in effect on August 5, 1993, from rate increases to
fee collections for Outer Continental Shelf administrative activities
performed by the Minerals Management Service over and above the rates in
effect on September 30, 1993, and from additional fees for Outer
Continental Shelf administrative activities established after September
30, 1993: Provided, That $3,000,000 for computer acquisitions shall
remain available until September 30, 2000: Provided further, That funds
appropriated under this Act shall be available for the payment of
interest in accordance with 30 U.S.C. 1721(b) and (d): Provided further,
That not to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup activities:
Provided further, That notwithstanding any other provision of law,
$15,000 under this heading shall be available for refunds of
overpayments in connection with certain Indian leases in which the
Director of the Minerals Management Service concurred with the claimed
refund due, to pay amounts owed to Indian allottees or Tribes, or to
correct prior unrecoverable erroneous payments.
For necessary expenses to carry out title I, section 1016, title IV,
sections 4202 and 4303, title VII, and title VIII, section 8201 of the
Oil Pollution Act of 1990, $6,118,000, which shall be derived from the
Oil Spill Liability Trust Fund, to remain available until expended.
[[Page 112 STAT. 2681-244]]
Office of Surface Mining Reclamation and Enforcement
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87, as
amended, including the purchase of not to exceed 10 passenger motor
vehicles, for replacement only; $93,078,000, and notwithstanding 31
U.S.C. <> 3302, an additional amount shall be
credited to this account, to remain available until expended, from
performance bond forfeitures in fiscal year 1999 and thereafter:
Provided, That the Secretary of the Interior, pursuant to regulations,
may use directly or through grants to States, moneys collected in fiscal
year 1999 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: Provided further,
That beginning in fiscal year 1999 and <> thereafter, cost-based fees for the products of the Mine Map
Repository shall be established (and revised as needed) in Federal
Register Notices, and shall be collected and credited to this account,
to be available until expended for the costs of administering this
program.
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, $185,416,000, to be derived from receipts of the
Abandoned Mine Reclamation Fund and to remain available until expended;
of which up to $7,000,000, to be derived from the cumulative balance of
interest earned to date on the Fund, shall be for supplemental grants to
States for the reclamation of abandoned sites with acid mine rock
drainage from coal mines, and for associated activities, through the
Appalachian Clean Streams Initiative: Provided, That grants to minimum
program States will be $1,500,000 per State in fiscal year 1999:
Provided further, That of the funds herein provided up to $18,000,000
may be used for the emergency program authorized by section 410 of
Public Law 95-87, as amended, of which no more than 25 percent shall be
used for emergency reclamation projects in any one State and funds for
federally administered emergency reclamation projects under this proviso
shall not exceed $11,000,000: Provided further, That prior year
unobligated funds appropriated for the emergency reclamation program
shall not be subject to the 25 percent limitation per State and may be
used without fiscal year limitation for emergency projects: Provided
further, That pursuant to Public Law 97-365, the Department of the
Interior is authorized to use up to 20 percent from the recovery of the
delinquent debt owed to the United States Government to pay for
contracts to collect these debts: Provided further, That funds made
available to States under title IV of Public Law 95-87 may be used, at
their discretion, for any required non-Federal share of the cost of
projects funded by the Federal Government
[[Page 112 STAT. 2681-245]]
for the purpose of environmental restoration related to treatment or
abatement of acid mine drainage from abandoned mines: Provided further,
That such projects must be consistent with the purposes and priorities
of the Surface Mining Control and Reclamation Act: Provided further,
That 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: <> Provided
further,That hereafter, donations received to support projects under the
Appalachian Clean Streams Initiative and under the Western Mine Lands
Restoration Partnerships Initiative, pursuant to 30 U.S.C. 1231, shall
be credited to this account and remain available until expended without
further appropriation for projects sponsored under these initiatives,
directly through agreements with other Federal agencies, or through
grants to States, and funding to local governments, or tax exempt
private entities.
Bureau of Indian Affairs
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, $1,584,124,000, to remain
available until September 30, 2000 except as otherwise provided herein,
of which not to exceed $94,010,000 shall be for welfare assistance
payments and notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975, as amended,
not to exceed $114,871,000 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 1999, as authorized by
such Act, except that tribes and tribal organizations may use their
tribal priority allocations for unmet indirect costs of ongoing
contracts, grants, or compacts, or annual funding agreements and for
unmet welfare assistance costs, and of which not to exceed $387,365,000
for school operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 1999, and shall remain
available until September 30, 2000; and of which not to exceed
$52,889,000 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, the Navajo-Hopi Settlement Program: Provided, That
notwithstanding any other provision of law, including but not limited to
the Indian
[[Page 112 STAT. 2681-246]]
Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to
exceed $42,160,000 within and only from such amounts made available for
school operations shall be available to tribes and tribal organizations
for administrative cost grants associated with the operation
of <> Bureau-funded schools: Provided further,
That hereafter funds made available to tribes and tribal organizations
through contracts, compact agreements, or grants, as authorized by the
Indian Self-Determination Act of 1975 or grants authorized by the Indian
Education Amendments of 1988 (25 U.S.C. 2001 and 2008A) shall remain
available until expended by the contractor or grantee: Provided further,
That hereafter, to provide funding uniformity within a Self-Governance
Compact, any funds provided in this Act with availability for more than
two years may be reprogrammed to two year availability but shall remain
available within the Compact until expended: Provided
further, <> That hereafter notwithstanding any
other provision of law, Indian tribal governments may, by appropriate
changes in eligibility criteria or by other means, change eligibility
for general assistance or change the amount of general assistance
payments for individuals within the service area of such tribe who are
otherwise deemed eligible for general assistance payments so long as
such changes are applied in a consistent manner to individuals similarly
situated and, that any savings realized by such changes shall be
available for use in meeting other priorities of the tribes and, that
any net increase in costs to the Federal Government which result solely
from tribally increased payment levels for general assistance shall be
met exclusively from funds available to the tribe from within its tribal
priority allocation: Provided further, That any forestry funds allocated
to a tribe which remain unobligated as of September 30, 2000, may be
transferred during fiscal year 2001 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, 2001: Provided further,
That hereafter tribes <> may use
tribal priority allocations funds for the replacement and repair of
school facilities in compliance with 25 U.S.C. 2005(a), so long as such
replacement or repair is approved by the Secretary and completed with
non-Federal tribal and/or tribal priority allocation funds: Provided
further, That the sixth proviso under Operation of Indian Programs in
Public Law 102-154, for the fiscal year ending September 30, 1992 (105
Stat. 1004), is hereby amended to read as follows: ``Provided further,
That until such time as legislation is enacted to the contrary, no funds
shall be used to take land into trust within the boundaries of the
original Cherokee territory in Oklahoma without consultation with the
Cherokee Nation:''.
For construction, repair, improvement, and maintenance of irrigation
and power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands, and interests in lands; and preparation of lands for farming, and
for construction of the Navajo Indian Irrigation Project pursuant to
Public Law 87-483, $123,421,000, 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
[[Page 112 STAT. 2681-247]]
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 1999, in implementing new
construction or facilities improvement and repair project grants in
excess of $100,000 that are provided to tribally controlled grant
schools under Public Law 100-297, as amended, the Secretary of the
Interior shall use the Administrative and Audit Requirements and Cost
Principles for Assistance Programs contained in 43 CFR part 12 as the
regulatory requirements: Provided further, That such grants shall not be
subject to section 12.61 of 43 CFR; the Secretary and the grantee shall
negotiate and determine a schedule of payments for the work to be
performed: Provided further, That in considering applications, the
Secretary shall consider whether the Indian tribe or tribal organization
would be deficient in assuring that the construction projects conform to
applicable building standards and codes and Federal, tribal, or State
health and safety standards as required by 25 U.S.C. 2005(a), with
respect to organizational and financial management capabilities:
Provided further, That if the Secretary declines an application, the
Secretary shall follow the requirements contained in 25 U.S.C. 2505(f):
Provided further, That any disputes between the Secretary and any
grantee concerning a grant shall be subject to the disputes provision in
25 U.S.C. 2508(e): Provided further, That funds appropriated in Public
Law 105-18, making emergency supplemental appropriations for the Bureau
of Indian Affairs for the repair of irrigation projects damaged in the
severe winter conditions and ensuing flooding, are available on a
nonreimbursable basis.
For miscellaneous payments to Indian tribes and individuals and for
necessary administrative expenses, $28,882,000, to remain available
until expended; of which $27,530,000 shall be available for
implementation of enacted Indian land and water claim settlements
pursuant to Public Laws 101-618 and 102-575, and for implementation of
other enacted water rights settlements; and of which $1,352,000 shall be
available pursuant to Public Laws 99-264, 100-383, 103-402, and 100-580:
Provided, That in fiscal year 1999 and thereafter, the Secretary is
directed to sell land and interests in land, other than surface water
rights, acquired in conformance with section 2 of the Truckee River
Water Quality Settlement Agreement, the receipts of which shall be
deposited to the Lahontan Valley and Pyramid Lake Fish and Wildlife
Fund, and be available for the purposes of section 2 of such agreement,
without regard to the limitation on the distribution of benefits in the
second sentence of paragraph 206(f)(2) of Public Law 101-618.
For the cost of guaranteed loans, $4,501,000, as authorized by the
Indian Financing Act of 1974, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be
[[Page 112 STAT. 2681-248]]
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
$59,681,698.
In addition, for administrative expenses to carry out the guaranteed
loan programs, $500,000.
For implementation of a pilot program for consolidation of
fractional interests in Indian lands by direct expenditure or
cooperative agreement, $5,000,000 to remain available until expended, of
which not to exceed $250,000 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 interests in trust or restricted lands with
the consent of its owners and at fair market value, and the Secretary
shall hold in trust for such tribe all interests acquired pursuant to
this pilot program: Provided further, That all proceeds from any lease,
resource sale contract, right-of-way or other transaction derived from
the fractional interest shall be credited to this appropriation, and
remain available until expended, until the purchase price paid by the
Secretary under this appropriation has been recovered from such
proceeds: Provided further, That once the purchase price has been
recovered, all subsequent proceeds shall be managed by the Secretary for
the benefit of the applicable tribe or paid directly to the tribe.
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).
Notwithstanding any other provision of law, no funds available to
the Bureau, other than the amounts provided herein for assistance to
public schools under 25 U.S.C. 452 et seq., shall be available
[[Page 112 STAT. 2681-249]]
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.
Departmental Offices
Insular Affairs
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior, $66,175,000, of which:
(1) $62,326,000 shall be available until expended for technical
assistance, including maintenance assistance, disaster assistance,
insular management controls, 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) $3,849,000 shall be available for salaries and expenses of the
Office of Insular Affairs: Provided, <> That all financial transactions of the territorial
and local governments herein provided for, including such transactions
of all agencies or instrumentalities established or used by such
governments, may be audited by the General Accounting Office, at its
discretion, in accordance with chapter 35 of title 31, United States
Code: Provided further, That Northern Mariana Islands Covenant grant
funding shall be provided according to those terms of the Agreement of
the Special Representatives on Future United States Financial Assistance
for the Northern Mariana Islands approved by Public Law 99-396, or any
subsequent legislation related to Commonwealth of the Northern Mariana
Islands grant funding: Provided further, That of the Covenant grant
funding for the Government of the Northern Mariana Islands $5,000,000
shall be used for the construction of prison facilities and $500,000
shall be used for construction and equipping of a crime laboratory
unless the Secretary determines that acceptable alternative financing
for these projects is already in place: Provided further, That of the
amounts provided for technical assistance, sufficient funding shall be
made available for a grant to the Close Up Foundation: Provided further,
That the funds for the program of operations and maintenance improvement
are appropriated to institutionalize routine operations and maintenance
improvement of capital infrastructure in American Samoa, Guam, the
Virgin Islands, the Commonwealth of the Northern Mariana Islands, the
Republic of Palau, the Republic of the Marshall Islands, and the
Federated States of Micronesia through assessments of long-range
operations maintenance needs, improved capability of local operations
and maintenance institutions and agencies (including
[[Page 112 STAT. 2681-250]]
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).
For economic assistance and necessary expenses for the Federated
States of Micronesia and the Republic of the Marshall Islands as
provided for in sections 122, 221, 223, 232, and 233 of the Compact of
Free Association, and for economic assistance and necessary expenses for
the Republic of Palau as provided for in sections 122, 221, 223, 232,
and 233 of the Compact of Free Association, $20,930,000, to remain
available until expended, as authorized by Public Law 99-239 and Public
Law 99-658.
Departmental Management
For necessary expenses for management of the Department of the
Interior, $64,686,000, of which not to exceed $8,500 may be for official
reception and representation expenses, of which not to exceed $5,000,000
shall be available for payments pursuant to section 123 of this Act and
up to $1,000,000 shall be available for workers compensation payments
and unemployment compensation payments associated with the orderly
closure of the United States Bureau of Mines.
Office of the Solicitor
For necessary expenses of the Office of the Solicitor, $36,784,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
$25,486,000.
Office of Special Trustee for American Indians
For operation of trust programs for Indians by direct expenditure,
contracts, cooperative agreements, compacts, and grants, $39,499,000, to
remain available until expended: Provided, That funds for trust
management improvements may be transferred to the Bureau of Indian
Affairs: Provided further, That funds made available to Tribes and
Tribal organizations through contracts or grants obligated during fiscal
year 1999, as authorized by the
[[Page 112 STAT. 2681-251]]
Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), shall
remain available until expended by the contractor or grantee: Provided
further, That notwithstanding any other provision of law, the statute of
limitations shall not commence to run on any claim, including any claim
in litigation pending on the date of the enactment of this Act,
concerning losses to or mismanagement of trust funds, until the affected
tribe or individual Indian has been furnished with an accounting of such
funds from which the beneficiary can determine whether there has been a
loss: <> Provided further, That notwithstanding
any other provision of law, the Secretary shall not be required to
provide a quarterly statement of performance for any Indian trust
account that has not had activity for at least eighteen 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 accountholder.
Natural Resource Damage Assessment and Restoration
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; $4,492,000, to remain
available until expended: Provided, That unobligated and unexpended
balances in the United States Fish and Wildlife Service, Natural
Resource Damage Assessment Fund account at the end of fiscal year 1998
shall be transferred to and made a part of the Departmental Offices,
Natural Resource Damage Assessment and Restoration, Natural Resource
Damage Assessment Fund account and shall remain available until
expended.
For necessary expenses of bureaus and offices of the Department of
the Interior to manage federal lands in Alaska for subsistence uses
under the provisions of Title VIII of the Alaska National Interest Lands
Conservation Act (Public Law 96-487 et seq.) except in areas described
in section 339(a)(1)(A) and (B) of this Act, $8,000,000 to become
available on September 30, 1999, and remain available until expended:
Provided, That if prior to October 1, 1999, the Secretary of the
Interior determines that the Alaska State Legislature has approved a
bill or resolution to amend the Constitution of the State of Alaska
that, if approved by the electorate, would enable the implementation of
state laws of general applicability which are consistent with, and which
provide for the definition, preference and participation specified in
sections 803, 804, and 805 of the Alaska National Interest Lands
Conservation Act, the Secretary of the Interior shall make an $8,000,000
grant to the State of Alaska for the purpose of assisting that State in
fulfilling its responsibilities under sections 803, 804, and 805
[[Page 112 STAT. 2681-252]]
of that Act: Provided further, That if, on June 1, 1999, the Secretary
is unable to make a determination that the Alaska State Legislature has
approved a bill or resolution to amend the Constitution of the State of
Alaska that, if approved by the electorate, would enable the
implementation of state laws of general applicability which are
consistent with and which provide for the definition, preference and
participation specified in sections 803, 804, and 805 of the Alaska
National Interest Lands Conservation Act, $1,000,000 of these funds
shall become available on June 1, 1999, and shall remain available until
expended (with expended amounts to be subtracted from the amount that
could be granted to the State), for the Secretary to conduct data
gathering and research on subsistence uses, and formulate plans for
operational aspects and in-season management, but not to implement and
enforce subsistence use management beyond those public lands which as of
October 1, 1998, were subject to federal management for subsistence uses
pursuant to Title VIII of the Alaska National Interest Lands
Conservation Act.
Administrative Provisions
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, 15 aircraft, 10 of which
shall be for replacement and which may be obtained by donation, purchase
or through available excess surplus property: Provided, That
notwithstanding any other provision of law, existing aircraft being
replaced may be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft: Provided
further, That no programs funded with appropriated funds in the
``Departmental Management'', ``Office of the Solicitor'', and ``Office
of Inspector General'' may be augmented through the Working Capital Fund
or the Consolidated Working Fund.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Sec. 102. The Secretary may authorize the expenditure or transfer of
any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of forest or range fires on or
threatening lands under the jurisdiction of the Department of the
Interior; for the emergency rehabilitation of burned-over lands under
its jurisdiction; for emergency actions related to potential or actual
earthquakes, floods, volcanoes, storms, or other unavoidable causes; for
contingency planning subsequent
[[Page 112 STAT. 2681-253]]
to actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills; for the prevention,
suppression, and control of actual or potential grasshopper and Mormon
cricket outbreaks on lands under the jurisdiction of the Secretary,
pursuant to the authority in section 1773(b) of Public Law 99-198 (99
Stat. 1658); for emergency reclamation projects under section 410 of
Public Law 95-87; and shall transfer, from any no year funds available
to the Office of Surface Mining Reclamation and Enforcement, such funds
as may be necessary to permit assumption of regulatory authority in the
event a primacy State is not carrying out the regulatory provisions of
the Surface Mining Act: Provided, That appropriations made in this title
for fire suppression purposes shall be available for the payment of
obligations incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of vehicles,
aircraft, or other equipment in connection with their use for fire
suppression purposes, such reimbursement to be credited to
appropriations currently available at the time of receipt thereof:
Provided further, That for emergency rehabilitation and wildfire
suppression activities, no funds shall be made available under this
authority until funds appropriated to ``Wildland Fire Management'' shall
have been exhausted: Provided further, That all funds used pursuant to
this section are hereby designated by Congress to be ``emergency
requirements'' pursuant to section 251(b)(2)(A) of the Balanced Budget
and Emergency Deficit Control Act of 1985, and must be replenished by a
supplemental appropriation which must be requested as promptly as
possible: Provided further, That such replenishment funds shall be used
to reimburse, on a pro rata basis, accounts from which emergency funds
were transferred.
Sec. 103. Appropriations made in this title shall be available for
operation of warehouses, garages, shops, and similar facilities,
wherever consolidation of activities will contribute to efficiency or
economy, and said appropriations shall be reimbursed for services
rendered to any other activity in the same manner as authorized by
sections 1535 and 1536 of title 31, United States Code: Provided, That
reimbursements for costs and supplies, materials, equipment, and for
services rendered may be credited to the appropriation current at the
time such reimbursements are received.
Sec. 104. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by 5 U.S.C.
3109, when authorized by the Secretary, in total amount not to exceed
$500,000; hire, maintenance, and operation of aircraft; hire of
passenger motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized under
regulations approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in societies or
associations which issue publications to members only or at a price to
members lower than to subscribers who are not members.
Sec. 105. Appropriations available to the Department of the Interior
for salaries and expenses shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C. Code 4-204).
Sec. 106. Appropriations made in this title shall be available for
obligation in connection with contracts issued for services or rentals
for periods not in excess of twelve months beginning at any time during
the fiscal year.
[[Page 112 STAT. 2681-254]]
Sec. 107. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore leasing and
related activities placed under restriction in the President's
moratorium statement of June 26, 1990, in the areas of northern,
central, and southern California; the North Atlantic; Washington and
Oregon; and the eastern Gulf of Mexico south of 26 degrees north
latitude and east of 86 degrees west longitude.
Sec. 108. No funds provided in this title may be expended by the
Department of the Interior for the conduct of offshore oil and natural
gas preleasing, leasing, and related activities, on lands within the
North Aleutian Basin planning area.
Sec. 109. No funds provided in this title may be expended by the
Department of the Interior to conduct offshore oil and natural gas
preleasing, leasing and related activities in the eastern Gulf of Mexico
planning area for any lands located outside Sale 181, as identified in
the final Outer Continental Shelf 5-Year Oil and Gas Leasing Program,
1997-2002.
Sec. 110. No funds provided in this title may be expended by the
Department of the Interior to conduct oil and natural gas preleasing,
leasing and related activities in the Mid-Atlantic and South Atlantic
planning areas.
Sec. 111. Advance payments made under this title to Indian tribes,
tribal organizations, and tribal consortia pursuant to the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.) or
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.) may
be invested by the Indian tribe, tribal organization, or consortium
before such funds are expended for the purposes of the grant, compact,
or annual funding agreement so long as such funds are--
(1) invested by the Indian tribe, tribal organization, or
consortium only in obligations of the United States, or in
obligations or securities that are guaranteed or insured by the
United States, or mutual (or other) funds registered with the
Securities and Exchange Commission and which only invest in
obligations of the United States or securities that are
guaranteed or insured by the United States; or
(2) deposited only into accounts that are insured by an
agency or instrumentality of the United States, or are fully
collateralized to ensure protection of the Funds, even in the
event of a bank failure.
Sec. 112. <> (a) Employees of Helium
Operations, Bureau of Land Management, entitled to severance pay under 5
U.S.C. 5595, may apply for, and the Secretary of the Interior may pay,
the total amount of the severance pay to the employee in a lump sum.
Employees paid severance pay in a lump sum and subsequently reemployed
by the Federal Government shall be subject to the repayment provisions
of 5 U.S.C. 5595(i)(2) and (3), except that any repayment shall be made
to the Helium Fund.
(b) Helium Operations employees who elect to continue health
benefits after separation shall be liable for not more than the required
employee contribution under 5 U.S.C. 8905a(d)(1)(A). The Helium Fund
shall pay for 18 months the remaining portion of required contributions.
(c) The Secretary of the Interior may provide for training to assist
Helium Operations employees in the transition to other Federal or
private sector jobs during the facility shut-down and disposition
process and for up to 12 months following separation from
[[Page 112 STAT. 2681-255]]
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.
Sec. 113. <> In fiscal year 1999 and
thereafter, the Secretary may accept donations and bequests of money,
services, or other personal property for the management and enhancement
of the Department's Natural Resources Library. The Secretary may hold,
use, and administer such donations until expended and without further
appropriation.
Sec. 114. Notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975, as amended,
funds available under this title 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 and no funds appropriated in this
title shall be available for any contract support costs or indirect
costs associated with any contract, grant, cooperative agreement, self-
governance compact or funding agreement entered into between an Indian
tribe or tribal organization and any entity other than an agency of the
Department of the Interior.
Sec. 115. Notwithstanding any other provisions of law, the National
Park Service shall not develop or implement a reduced entrance fee
program to accommodate non-local travel through a unit. The Secretary
may provide for and regulate local non-recreational passage through
units of the National Park System, allowing each unit to develop
guidelines and permits for such activity appropriate to that unit.
Sec. 116. (a) Denver Service Center, Presidio, and Golden Gate
National Recreation Area employees who voluntarily resign or retire from
the National Park Service on or before December 31, 1998, shall receive,
from the National Park Service, 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,
[[Page 112 STAT. 2681-256]]
if the employee were entitled to payment under such section; or $25,000.
(1) The voluntary separation incentive payment--
(A) shall not be a basis for payment, and shall not
be included in the computation of any other type of
Government benefit; and
(B) shall be paid from appropriations or funds
available for the payment of the basic pay of the
employee.
(2) Employees receiving a voluntary separation incentive
payment and accepting employment with the Federal Government
within five years of the date of separation shall be required to
repay the entire amount of the incentive payment to the National
Park Service.
(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 it is required to
make under Subchapter III of chapter 83 of title 5, United
States Code, the National Park Service 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 National Park Service--
(A) who retires under section 8336(d)(2) of Title 5,
United States Code; and,
(B) to whom a voluntary separation incentive payment
has been or is to be paid under the provisions of this
section.
(b) Employees of Denver Service Center, Presidio, and Golden Gate
National Recreation Area entitled to severance pay under 5 U.S.C. 5595,
may apply for, and the National Park Service may pay, the total amount
of severance pay to the employee in a lump sum. Employees paid severance
pay in a lump sum and subsequently reemployed by the Federal Government
shall be subject to the repayment provisions of 5 U.S.C. 5595(i)(2) and
(3), except that any repayment shall be made to the National Park
Service.
(c) Employees of the Denver Service Center, Presidio, and Golden
Gate National Recreation Area who voluntarily resign on or before
December 31, 1998, or who are separated in a reduction in force, 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 National Park Service shall pay for 12 months the
remaining portion of required contributions.
Sec. 117. Notwithstanding any other provision of law, the Secretary
is authorized to permit persons, firms or organizations engaged in
commercial, cultural, educational, or recreational activities (as
defined in section 612a of title 40, United States Code) not currently
occupying such space to use courtyards, auditoriums, meeting rooms, and
other space of the main and south Interior building complex, Washington,
D.C., the maintenance, operation, and protection of which has been
delegated to the Secretary from the Administrator of General Services
pursuant to the Federal Property and Administrative Services Act of
1949, and to assess reasonable charges therefore, subject to such
procedures as the Secretary deems appropriate for such uses. Charges may
be for the space, utilities, maintenance, repair, and other services.
Charges
[[Page 112 STAT. 2681-257]]
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. 118. <> The 37 mile River Valley Trail
from the town of Delaware Gap to the edge of the town of Milford,
Pennsylvania located within the Delaware Water Gap National Recreation
Area shall hereafter be referred to in any law, regulation, document, or
record of the United States as the Joseph M. McDade Recreational Trail.
Sec. 119. (a) In this section--
(1) the term ``Huron Cemetery'' means the lands that form
the cemetery that is popularly known as the Huron Cemetery,
located in Kansas City, Kansas, as described in subsection
(b)(3); and
(2) the term ``Secretary'' means the Secretary of the
Interior.
(b)(1) The Secretary shall take such action as may be necessary to
ensure that the lands comprising the Huron Cemetery (as described in
paragraph (3)) are used only in accordance with this subsection.
(2) The lands of the Huron Cemetery shall be used only--
(A) for religious and cultural uses that are compatible with
the use of the lands as a cemetery; and
(B) as a burial ground.
(3) The description of the lands of the Huron Cemetery is as
follows:
The tract of land in the NW quarter of sec. 10, T. 11 S., R. 25 E.,
of the sixth principal meridian, in Wyandotte County, Kansas (as
surveyed and marked on the ground on August 15, 1888, by William Millor,
Civil Engineer and Surveyor), described as follows:
``Commencing on the Northwest corner of the Northwest
Quarter of the Northwest Quarter of said Section 10;
``Thence South 28 poles to the `true point of beginning';
``Thence South 71 degrees East 10 poles and 18 links;
``Thence South 18 degrees and 30 minutes West 28 poles;
``Thence West 11 and one-half poles;
``Thence North 19 degrees 15 minutes East 31 poles and 15
feet to the `true point of beginning', containing 2 acres or
more.''.
Sec. 120. (a) Study.--The Secretary shall enter into an agreement
with and provide funding, to the National Academy of Sciences (NAS), the
Board on Earth Sciences and Resources (Board), to conduct a detailed,
comprehensive study of the environmental and reclamation requirements
relating to mining of locatable minerals on federal lands and the
adequacy of those requirements to prevent unnecessary or undue
degradation of federal lands in each state in which such mining occurs.
(1) Contents.--The study shall identify and consider--
(A) the operating, reclamation and permitting
requirements for locatable minerals mining and
exploration
[[Page 112 STAT. 2681-258]]
operations on federal lands by federal and state air,
water, solid waste, reclamation and other environmental
statutes, including surface management regulations
promulgated by federal land management agencies and
state primacy programs under applicable federal statutes
and state laws and the time requirements applicable to
project environmental review and permitting;
(B) the adequacy of federal and state environmental,
reclamation and permitting statutes and regulations
applicable in any state or states where mining or
exploration of locatable minerals on federal lands is
occurring, to prevent unnecessary or undue degradation;
and
(C) recommendations and conclusions regarding how
federal and state environmental, reclamation and
permitting requirements and programs can be coordinated
to ensure environmental protection, increase efficiency,
avoid duplication and delay, and identify the most cost-
effective manner for implementation.
(b) Report.--
No later than July 31, 1999, the Board shall submit a report
addressing areas described under (a)(1) to the appropriate
federal agencies, the Congress and the Governors of affected
states.
(c) Funds.--From the funds collected for mining law administration,
the Secretary shall provide to the NAS such funds as it requests, not to
exceed $800,000, for the purpose of conducting this analysis.
(d) Surface Management Regulations.--The Secretary of the Interior
shall not promulgate any final regulations to change the Bureau of Land
Management regulations found at 43 CFR Part 3809 prior to September 30,
1999.
Sec. 121. Overhead charges levied by the Fish and Wildlife Service
on any and all funds transferred from the Bureau of Reclamation for the
Recovery Implementation Program for Endangered Fish Species in the Upper
Colorado River Basin and for the Recovery Implementation Program for
Endangered Fish Species in the San Juan River Basin shall be limited to
no more than 50 percent of the biennially determined full indirect cost
recovery rate.
Sec. 122. (a) ANCSA Determination.--
(1) Within 180 days following the enactment of this Act, the
Bureau of Land Management shall conduct a determination under
section 3(e) of the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.) of the property described as Lot 1, Block
12; the north 50 feet of Lots 43 and 44, Block 12; Lots 50, 51
and 52, Block 12; Lots 28 and 29, Block 33; and a strip of land
25 feet in length running east and west by 24 feet in width
running north and south in the southwest corner of Lot 15, Block
33, all within the Nome Townsite, Records of the Cape Nome
Recording District, Second Judicial District, State of Alaska.
(2) The ANCSA section 3(e) determination will determine if
the lands must be conveyed to the Sitnasuak Native Corporation
(the village corporation for Nome).
(3) If and only if the Bureau of Land Management's ANCSA
section 3(e) determination concludes that the Sitnasuak Native
Corporation is not entitled to the lands, and following the
settlement of any and all claims filed appealing the decision,
[[Page 112 STAT. 2681-259]]
the Secretary shall carry out subsection (b) of this section,
and the provisions of subsection (c) shall take effect.
(b) Conveyance.--The Secretary shall convey to Kawerak, Inc., a non-
profit tribal organization in Nome, Alaska, without consideration, all
right, title, and interest of the United States, subject to all valid
existing rights and to the rights-of-way described in subsection (c), in
the property described as Lot 1, Block 12; the north 50 feet of Lots 43
and 44, Block 12; Lots 50, 51 and 52, Block 12; Lots 28 and 29, Block
33; and a strip of land 25 feet in length running east and west by 24
feet in width running north and south in the southwest corner of Lot 15,
Block 33, all within the Nome Townsite, Records of the Cape Nome
Recording District, Second Judicial District, State of Alaska.
(c) Rights-of-Way.--The property conveyed under subsection (b) shall
be subject to--
(1) title of the State of Alaska, Department of Highways, as
to the south three feet of Lots 50, 51, and 52 of Block 12; and
(2) rights of the public or of any governmental agencies in
and to any portion of the property lying within any roads,
streets, or highways.
Sec. 123. <> Commercial Fishing in
Glacier Bay National Park. (a) General.--
(1) The Secretary of the Interior and the State of Alaska
shall cooperate in the development of a management plan for the
regulation of commercial fisheries in Glacier Bay National Park
pursuant to existing State and Federal statutes and any
applicable international conservation and management treaties.
Such management plan shall provide for commercial fishing in the
marine waters within Glacier Bay National Park outside of
Glacier Bay Proper, and in the marine waters within Glacier Bay
Proper as specified in paragraphs (a)(2) through (a)(5), and
shall provide for the protection of park values and purposes,
for the prohibition of any new or expanded fisheries, and for
the opportunity for the study of marine resources.
(2) In the nonwilderness waters within Glacier Bay Proper,
commercial fishing shall be limited, by means of non-
transferable lifetime access permits, solely to individuals
who--
(A) hold a valid commercial fishing permit for a
fishery in a geographic area that includes the
nonwilderness waters within Glacier Bay Proper;
(B) provide a sworn and notarized affidavit and
other available corroborating documentation to the
Secretary of the Interior sufficient to establish that
such individual engaged in commercial fishing for
halibut, tanner crab, or salmon in Glacier Bay Proper
during qualifying years which shall be established by
the Secretary of the Interior within one year of the
date of the enactment of this Act; and
(C) fish only with--
(i) longline gear for halibut;
(ii) pots or ring nets for tanner crab; or
(iii) trolling gear for salmon.
(3) With respect to the individuals engaging in commercial
fishing in Glacier Bay Proper pursuant to paragraph (2), no
fishing shall be allowed in the West Arm of Glacier Bay Proper
(West Arm) north of 58 degrees, 50 minutes north latitude,
[[Page 112 STAT. 2681-260]]
except for trolling for king salmon during the period from
October 1 through April 30. The waters of Johns Hopkins Inlet,
Tarr Inlet and Reid Inlet shall remain closed to all commercial
fishing.
(4) With respect to the individuals engaging in commercial
fishing in Glacier Bay Proper pursuant to paragraph (2), no
fishing shall be allowed in the East Arm of Glacier Bay Proper
(East Arm) north of a line drawn from Point Caroline, through
the southern end of Garforth Island to the east side of Muir
Inlet, except that trolling for king salmon during the period
from October 1 through April 30 shall be allowed south of a line
drawn across Muir Inlet at the southernmost point of Adams
Inlet.
(5) With respect to the individuals engaging in commercial
fishing in Glacier Bay Proper pursuant to paragraph (2), no
fishing shall be allowed in Geikie Inlet.
(b) The Beardslee Islands and Upper Dundas Bay.--Commercial fishing
is prohibited in the designated wilderness waters within Glacier Bay
National Park and Preserve, including the waters of the Beardslee
Islands and Upper Dundas Bay. Any individual who--
(1) on or before February 1, 1999, provides a sworn and
notarized affidavit and other available corroborating
documentation to the Secretary of the Interior sufficient to
establish that he or she has engaged in commercial fishing for
Dungeness crab in the designated wilderness waters of the
Beardslee Islands or Dundas Bay within Glacier Bay National Park
pursuant to a valid commercial fishing permit in at least six of
the years during the period 1987 through 1996;
(2) at the time of receiving compensation based on the
Secretary of the Interior's determination as described below--
(A) agrees in writing not to engage in commercial
fishing for Dungeness crab within Glacier Bay Proper;
(B) relinquishes to the State of Alaska for the
purposes of its retirement any commercial fishing permit
for Dungeness crab for areas within Glacier Bay Proper;
(C) at the individual's option, relinquishes to the
United States the Dungeness crab pots covered by the
commercial fishing permit; and
(D) at the individual's option, relinquishes to the
United States the fishing vessel used for Dungeness crab
fishing in Glacier Bay Proper; and
(3) holds a current valid commercial fishing permit that
allows such individual to engage in commercial fishing for
Dungeness crab in Glacier Bay National Park,
shall be eligible to receive from the United States compensation that is
the greater of (i) $400,000, or (ii) an amount equal to the fair market
value (as of the date of relinquishment) of the commercial fishing
permit for Dungeness crab, of any Dungeness crab pots or other Dungeness
crab gear, and of not more than one Dungeness crab fishing vessel,
together with an amount equal to the present value of the foregone net
income from commercial fishing for Dungeness crab for the period January
1, 1999, through December 31, 2004, based on the individual's net
earnings from the Dungeness crab fishery during the period January 1,
1991, through December 31, 1996. Any individual seeking such
compensation shall provide the consent necessary for the Secretary of
the
[[Page 112 STAT. 2681-261]]
Interior to verify such net earnings in the fishery. The Secretary of
the Interior's determination of the amount to be paid shall be completed
and payment shall be made within six months from the date of application
by the individuals described in this subsection and shall constitute
final agency action subject to review pursuant to the Administrative
Procedures Act in the United States District Court for the District of
Alaska.
(c) Definition and Savings Clause.--
(1) As used in this section, the term ``Glacier Bay Proper''
shall mean the marine waters within Glacier Bay, including coves
and inlets, north of a line drawn from Point Gustavus to Point
Carolus.
(2) Nothing in this section is intended to enlarge or
diminish Federal or State title, jurisdiction, or authority with
respect to the waters of the State of Alaska, the waters within
the boundaries of Glacier Bay National Park, or the tidal or
submerged lands under any provision of State or Federal law.
Sec. 124. Notwithstanding any other provision of law, grazing
permits which expire during fiscal year 1999 shall be renewed for the
balance of fiscal year 1999 on the same terms and conditions as
contained in the expiring permits, or until the Bureau of Land
Management completes processing these permits in compliance with all
applicable laws, whichever comes first. Upon completion of processing by
the Bureau, the terms and conditions of existing grazing permits may be
modified, if necessary, and reissued for a term not to exceed ten years.
Nothing in this language shall be deemed to affect the Bureau's
authority to otherwise modify or terminate grazing permits.
Sec. 125. Conveyance to the Town of Pahrump, Nevada. (a)
Conveyance.--The Secretary of the Interior, acting through the Director
of the Bureau of Land Management, shall convey to the town of Pahrump,
Nevada, without consideration, subject to the requirements of 43 U.S.C.
869, all right, title, and interest of the land subject to all valid
existing rights in the public lands located south and west of Highway
160 within Sections 32 and 33, T. 20 S., R. 54 E., Mount Diablo
Meridian.
(b) Use.--The conveyance of the property under subsection (a) shall
be subject to reversion to the United States if the property is used for
a purpose other than the purpose of a public fairground or a related
public purpose.
Sec. 126. Special Federal Aviation Regulation No. 78, regarding
commercial air tour operators in the vicinity of the Rocky Mountain
National Park, as published in the Federal Register on January 8, 1997,
shall remain in effect until otherwise provided by an Act of Congress.
Sec. 127. <> Notwithstanding any other
provision of law, none of the funds provided in this Act or any other
Act hereafter enacted may be used by the Secretary of the Interior,
except with respect to land exchange costs and costs associated with the
preparation of land acquisitions, in the acquisition of State, private,
or other non-federal lands (or any interest therein) in the State of
Alaska, unless, in the acquisition of any State, private, or other non-
federal lands (or interest therein) in the State of Alaska, the
Secretary seeks to exchange unreserved public lands before purchasing
all or any portion of such lands (or interest therein) in the State of
Alaska.
[[Page 112 STAT. 2681-262]]
Sec. 128. Charleston, <> Arkansas National
Commemorative Site. (a) The Congress finds that--
(1) the 1954 U.S. Supreme Court decision of Brown v. Board
of Education, which mandated an end to the segregation of public
schools, was one of the most significant Court decisions in the
history of the United States;
(2) the Charleston Public School District in Charleston,
Arkansas, in September, 1954, became the first previously-
segregated public school district in the former Confederacy to
integrate following the Brown decision;
(3) the orderly and peaceful integration of the public
schools in Charleston served as a model and inspiration in the
development of the Civil Rights movement in the United States,
particularly with respect to public education; and
(4) notwithstanding the important role of the Charleston
School District in the successful implementation of integrated
public schools, the role of the district has not been adequately
commemorated and interpreted for the benefit and understanding
of the nation.
(b) The Charleston Public School complex in Charleston, Arkansas is
hereby designated as the ``Charleston National Commemorative Site'' in
commemoration of the Charleston schools' role as the first public school
district in the South to integrate following the 1954 United States
Supreme Court decision, Brown v. Board of Education.
(c) The Secretary, after consultation with the Charleston Public
School District, shall establish an appropriate commemorative monument
and interpretive exhibit at the Charleston National Commemorative Site
to commemorate the 1954 integration of Charleston's public schools.
Sec. 129. (a) 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.
(b) The Bureau of Indian Affairs (BIA) shall develop alternative
methods to fund tribal priority allocations (TPA) base programs in
future years. The alternatives shall consider tribal revenues and
relative needs of tribes and tribal members. No later than April 1,
1999, the BIA shall submit a report to Congress containing its
recommendations and other alternatives. The report shall also identify
the methods proposed to be used by BIA to acquire data that is not
currently available to BIA and any data gathering mechanisms that may be
necessary to encourage tribal compliance. Notwithstanding any other
provision of law, for the purposes of developing recommendations, the
Bureau of Indian Affairs is hereby authorized access to tribal revenue-
related data held by any Federal agency, excluding information held by
the Internal Revenue Service.
(c) Except as provided in subsection (d), tribal revenue shall
include the sum of tribal net income, however derived, from any business
venture owned, held, or operated, in whole or in part, by any tribal
entity which is eligible to receive TPA on behalf of the members of any
tribe, all amounts distributed as per capita payments which are not
otherwise included in net income, and any income from fees, licenses or
taxes collected by any tribe.
[[Page 112 STAT. 2681-263]]
(d) The calculation of tribal revenues shall exclude payments made
by the Federal Government in settlement of claims or judgments and
income derived from lands, natural resources, funds, and assets held in
trust by the Secretary of the Interior.
(e) In developing alternative TPA distribution methods, the Bureau
of Indian Affairs will take into account the financial obligations of a
tribe, such as budgeted health, education and public works service
costs; its compliance, obligations and spending requirements under the
Indian Gaming Regulatory Act; its compliance with the Single Audit Act;
and its compact with its State.
Sec. 130. None of the funds in this or any other Act shall be used
to issue a notice of final rulemaking with respect to the valuation of
crude oil for royalty purposes, including a rulemaking derived from
proposed rules published in 63 Federal Register 6113 (1998), 62 Federal
Register 36030, and 62 Federal Register 3742 (1997) until June 1, 1999,
or until there is a negotiated agreement on the rule.
Sec. 131. Up to $8,000,000 of funds available in fiscal years 1998
and 1999 shall be available for grants, not covering more than 33
percent of the total cost of any acquisition to be made with such funds,
to States and local communities for purposes of acquiring lands or
interests in lands to preserve and protect Civil War battlefield sites
identified in the July 1993 Report on the Nation's Civil War
Battlefields prepared by the Civil War Sites Advisory Commission. Lands
or interests in lands acquired pursuant to this section shall be subject
to the requirements of paragraph 6(f)(3) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-8(f)(3)).
Sec. 132. Leasing of Certain Reserved Mineral Interests. (a)
Application of Mineral Leasing Act.--Notwithstanding section 4 of Public
Law 88-608 (78 Stat. 988), the Federal reserved mineral interests in
land conveyed under that Act by United States land patents No. 49-71-
0059 and No. 49-71-0065 shall be subject to the Act of February 25, 1920
(commonly known as the ``Mineral Leasing Act'') (30 U.S.C. 181 et seq.).
(b) Entry.--
(1) In general.--A person that acquires a lease under the
Act of February 25, 1920 (30 U.S.C. 181 et seq.) for the
interests referred to in subsection (a) may exercise the right
of entry that is reserved to the United States and persons
authorized by the United States in the patents conveying the
land described in subsection (a) by occupying so much of the
surface the land as may be required for purposes reasonably
incident to the exploration for, and extraction and removal of,
the leased minerals.
(2) Condition.--A person that exercises a right of entry
under paragraph (1), shall, before commencing occupancy--
(A) secure the written consent or waiver of the
patentee; or
(B) post a bond or other financial guarantee with
the Secretary of the Interior in an amount sufficient to
ensure--
(i) the completion of reclamation pursuant to
the requirements of the Secretary under the Act of
February 25, 1920 (30 U.S.C. 181 et seq.); and
(ii) the payment to the surface owner for--
[[Page 112 STAT. 2681-264]]
(I) any damage to a crop or tangible
improvement of the surface owner that
results from activity under the mineral
lease; and
(II) any permanent loss of income to
the surface owner due to loss or
impairment of grazing use or of other
uses of the land by the surface owner at
the time of commencement of activity
under the mineral lease.
(c) Effective Date.--In the case of the land conveyed by United
States patent No. 49-71-0065, this section takes effect January 1, 1997.
Sec. 133. Notwithstanding any other provision of law, the Tribal
Self-Governance Act (25 U.S.C. Sec. 458aa et seq.) <> is amended at Sec. 458ff(c) by inserting ``450c(d),''
following the word ``sections''.
<> Sec. 134. Correction to Coastal Barrier
Resources System Map. (a) In General.--Not later than 30 days after the
date of enactment of this Act, the Secretary of the Interior shall make
such corrections to the map described in subsection (b) as are necessary
to restore on that map the September 30, 1982, boundary for Unit M09 on
the portion of Edisto Island located immediately to the south and west
of the Jeremy Cay Causeway.
(b) Map Described.--The map described in this subsection is the map
included in a set of maps entitled ``Coastal Barrier Resources System'',
dated October 24, 1990, that relates to the unit of the Coastal Barrier
Resources System entitled ``Edisto Complex M09/M09P''.
<> Sec. 135. Katmai National Park Land
Exchange. (a) Ratification of Agreement.--
(1) Ratification.--
(A) In general.--The terms, conditions, procedures,
covenants, reservations, and other provisions set forth
in the document entitled ``Agreement for the Sale,
Purchase and Conveyance of Lands between the Heirs,
Designees and/or Assigns of Palakia Melgenak and the
United States of America'' (hereinafter referred to in
this section as the ``Agreement''), executed by its
signatories, including the heirs, designees and/or
assigns of Palakia Melgenak (hereinafter referred to in
this section as the ``Heirs'') effective on September 1,
1998 are authorized, ratified and confirmed, and set
forth the obligations and commitments of the United
States and all other signatories, as a matter of Federal
law.
(B) Native allotment.--Notwithstanding any provision
of law to the contrary, all lands described in section
2(c) of the Agreement for conveyance to the Heirs shall
be deemed a replacement transaction under ``An Act to
relieve restricted Indians in the Five Civilized Tribes
whose nontaxable lands are required for State, county or
municipal improvements or sold to other persons or for
other purposes'' (25 U.S.C. 409a, 46 Stat. 1471), as
amended, and the Secretary shall convey such lands by a
patent consistent with the terms of the Agreement and
subject to the same restraints on alienation and tax-
exempt status as provided for Native allotments pursuant
to ``An Act authorizing the Secretary of the Interior to
allot homesteads to the natives of Alaska'' (34 Stat.
197), as amended, repealed by section 18(a) the Alaska
Native Claims
[[Page 112 STAT. 2681-265]]
Settlement Act (85 Stat. 710), with a savings clause for
applications pending on December 18, 1971.
(C) Land acquisition.--Lands and interests in land
acquired by the United States pursuant to the Agreement
shall be administered by the Secretary of the Interior
(hereinafter referred to as the ``Secretary'') as part
of the Katmai National Park, subject to the laws and
regulations applicable thereto.
(2) Maps and deeds.--The maps and deeds set forth in the
Agreement generally depict the lands subject to the conveyances,
the retention of consultation rights, the conservation easement,
the access rights, Alaska Native Allotment Act status, and the
use and transfer restrictions.
(b) <> Katmai National Park and Preserve
Wilderness.--Upon the date of closing of the conveyance of the
approximately 10 acres of Katmai National Park Wilderness lands to be
conveyed to the Heirs under the Agreement, the following lands shall
hereby be designated part of the Katmai Wilderness as designated by
section 701(4) of the Alaska National Interest Lands Conservation Act
(16 U.S.C. 1132 note; 94 Stat. 2417):
A strip of land approximately one half mile long and 165 feet
wide lying within Section 1, Township 24 South, Range 33 West,
Seward Meridian, Alaska, the center line of which is the center
of the unnamed stream from its mouth at Geographic Harbor to the
north line of said Section 1. Said unnamed stream flows from the
unnamed lake located in Sections 25 and 26, Township 23 South,
Range 33 West, Seward Meridian. This strip of land contains
approximately 10 acres.
(c) Availability of Appropriation.--None of the funds appropriated
in this Act or any other Act hereafter enacted for the implementation of
the Agreement may be expended until the Secretary determines that the
Heirs have signed a valid and full relinquishment and release of any and
all claims described in section 2(d) of the Agreement.
(d) General Provisions.--
(1) All of the lands designated as Wilderness pursuant to
this section shall be subject to any valid existing rights.
(2) Subject to the provisions of the Alaska National
Interest Lands Conservation Act, the Secretary shall ensure that
the lands in the Geographic Harbor area not directly affected by
the Agreement remain accessible for the public, including its
mooring and mechanized transportation needs.
(3) The Agreement shall be placed on file and available for
public inspection at the Alaska Regional Office of the National
Park Service, at the office of the Katmai National Park and
Preserve in King Salmon, Alaska, and at least one public
facility managed by the Federal, State or local government
located in each of Homer, Alaska, and Kodiak, Alaska and such
other public facilities which the Secretary determines are
suitable and accessible for such public inspections. In
addition, as soon as practicable after enactment of this
provision, the Secretary shall make available for public
inspection in those same offices, copies of all maps and legal
descriptions of lands prepared in implementing either the
Agreement or this section. Such legal descriptions shall be
published in the Federal Register and filed with the Speaker of
the House of Representatives and the President of the Senate.
[[Page 112 STAT. 2681-266]]
Sec. 136. Watershed Restoration and Enhancement Agreements. Section
124(a) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (16 U.S.C. 1011(a)) is amended by striking
``with willing private landowners for restoration and enhancement of
fish, wildlife, and other biotic resources on public or private land or
both'' and inserting ``with the heads of other Federal agencies, tribal,
State, and local governments, private and nonprofit entities, and
landowners for the protection, restoration, and enhancement of fish and
wildlife habitat and other resources on public or private land and the
reduction of risk from natural disaster where public safety is
threatened''.
Sec. 137. None of the funds made available in this or any other Act
may be expended before March 31, 1999 to publish final regulations based
on the regulations proposed at 63 Fed. Reg. 3289 on January 22, 1998.
Sec. 138. Acquisition of Real Property Interests for Addition to
Chickamauga and Chattanooga National Military Park. The Act of August
19, 1890 (16 U.S.C. 424), is amended by adding at the end the following:
``SEC. 12. <> ACQUISITION OF LAND.
``(a) In General.--The Secretary of the Interior may acquire private
land, easements, and buildings within the areas authorized for
acquisition for the Chickamauga and Chattanooga National Military Park,
by donation, purchase with donated or appropriated funds, or exchange.
``(b) Limitation.--Land, easements, and buildings described in
subsection (a) may be acquired only from willing sellers.
``(c) Administration.--Land, easements, and buildings acquired by
the Secretary under subsection (a) shall be administered by the
Secretary as part of the park.''.
Sec. 139. Amounts invoiced by the Secretary of the Interior and paid
in full before the date of enactment of this Act for the purchase of
Federal royalty oil by a refiner pursuant to the preference for small
refiners in section 36 of the Mineral Leasing Act (30 U.S.C. 192) or
section 27(b)(2) of the Outer Continental Shelf Lands Act (43 U.S.C.
1353(b)(2)) are hereby ratified and deemed to be the refiner's total
obligation to the United States for such purchases notwithstanding any
other provision of law, including the regulations set forth in 30 C.F.R.
208.13 (1997), subject to adjustment to reconcile billed volumes with
delivered volumes: Provided, That all delivered royalty oil volumes so
invoiced were processed, used, or exchanged for other crude oil on a
volume or equivalent basis that was processed or used, in the refiner's
refineries located in the United States.
Sec. 140. Remaining funds in the amount of $250,000, appropriated as
part of Public Law 105-83 in the National Park Service construction
account for fiscal year 1998 for an environmental impact statement of a
site for an interpretive center along the Blue Ridge Parkway near
Roanoke, Virginia, may be used for the construction of an interpretive
center outside of the boundaries of the Blue Ridge Parkway, near
Roanoke, Virginia.
Sec. 141. Section 5(a)(3) of the Act entitled ``An Act to provide
for the establishment of the Indiana Dunes National Lakeshore, and for
other purposes'', approved November 5, 1966 (16 U.S.C. 460u-5(a)(3)), is
amended--
[[Page 112 STAT. 2681-267]]
(1) in subparagraph (A), in the matter preceding clause (i),
by--
(A) striking ``as of that date''; and
(B) inserting ``, subject to subparagraph (B),''
after ``term ending''; and
(2) in subparagraph (B), by striking ``Subparagraph (A)''
and inserting ``Subparagraph (A)(ii)''.
Sec. 142. Notwithstanding any other provision of law, any settlement
or judgment against the United States for the legislative taking by
section 817 of Public Law 104-333 (110 Stat. 4200-4201) of real property
on the eastern end of Santa Cruz Island known as the Gherini Ranch shall
be paid solely from the permanent judgment appropriation established
pursuant to section 1304 of title 31, United States Code.
Sec. 143. <> Public Law 102-350 (16
U.S.C. 410) is amended to strike ``Marsh-Billings'' each place it
appears and insert ``Marsh-Billings-Rockefeller''.
Sec. 144. Refunds or rebates received on an on-going basis from a
credit card services provider under the Department of the Interior's
charge card programs may be deposited to and retained without fiscal
year limitation in the Departmental Working Capital Fund established
under 43 U.S.C. 1467 and used to fund management initiatives of general
benefit to the Department of the Interior's bureaus and offices as
determined by the Secretary or his designee.
Sec. 145. <> The principal visitor
center for the Santa Monica Mountains National Recreation Area,
regardless of location, shall be named for Anthony C. Beilenson and
shall be referred to in any law, document or record of the United States
as the ``Anthony C. Beilenson Visitor Center''.
<> Sec. 146. The Redwood Information Center
located at 119231 Highway 101 in Orick, California is hereby named the
``Thomas H. Kuchel Visitor Center'' and shall be referred to in any law,
document or record of the United States as the ``Thomas H. Kuchel
Visitor Center''.
Sec. 147. Appropriations made in this title under the headings
Bureau of Indian Affairs and Office of Special Trustee for American
Indians and any available unobligated balances from prior appropriations
Acts made under the same headings, shall be available for expenditure or
transfer for Indian trust management activities pursuant to the Trust
Management Improvement Project High Level Implementation Plan.
Sec. 148. All funds received by the United States as a result of the
sale or the exchange and subsequent sale of lands under section
412(a)(1) of the ``Treasury and General Government Appropriations Act,
1999'' shall be deposited in the ``Everglades restoration'' account in
accordance with section 390(f)(2)(A) of the Federal Agriculture
Improvement and Reform Act of 1996, Public Law 104-127, 110 Stat. 1022.
Sec. 149. Notwithstanding any other provision of law, the
Secretary of the Interior shall transfer a road easement, no wider than
50 feet, across lot 1 (USS 3811, First Judicial District, Juneau
Recording District, State of Alaska), administered by the National Park
Service, identified as road alternative 1 on the map entitled ``Traffic
and Environmental Feasibility Study for Access to Proposed Auke Cape
Facility'' in the document for the NOAA/NMFS Juneau Consolidated
Facility Preliminary Draft Environmental Impact
[[Page 112 STAT. 2681-268]]
Statement, dated July 1996, to the City and Borough of Juneau, Alaska.
The Secretary of the Interior shall also transfer to the City and
Borough of Juneau all right, title and interest of the United States in
the right of way described by the plat recorded in Book 54, page 371, of
the Juneau Recording District. Such transfers shall occur as soon as
practical after the Secretary of Commerce has exchanged all, or a
portion, of the right, title and interest in the 28.16 acres known as
the Auke Cape property for the 22.35 acres known as the Lena Point
property, near Juneau, Alaska to the City and Borough of Juneau, Alaska.
The Secretary of the Interior shall deliver to the City and Borough of
Juneau, Alaska a deed or patent establishing the conveyance to the City
and Borough of Juneau, Alaska of said easements. The Secretary of the
Interior shall retain the right of access and use of such right of way,
easement and road.
Sec. 150. 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, 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. 151. Notwithstanding any provision of law, the Secretary of the
Interior is authorized to negotiate and enter into agreements and
leases, without regard to section 321 of chapter 314 of the Act of June
30, 1932 (40 U.S.C. 303b), with any person, firm, association,
organization, corporation, or governmental entity for all or part of the
property within Fort Baker administered by the Secretary as part of
Golden Gate National Recreation Area. The proceeds of the agreements or
leases shall be retained by the Secretary and such proceeds shall be
available, without future appropriation, for the preservation,
restoration, operation, maintenance and interpretation and related
expenses incurred with respect to Fort Baker properties.
Sec. 152. In implementing section 1307(a) of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3197), the Secretary of the
Interior shall deem the holder (on the date of enactment of this Act) of
the concession contract KATM001-81 to be a person who, on or before
January 1, 1979, was engaged in adequately providing visitor services of
the type authorized in said contract with Katmai National Park and
Preserve.
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, $197,444,000, to remain available until expended.
[[Page 112 STAT. 2681-269]]
state and private forestry
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, cooperative forestry, and
education and land conservation activities, $170,722,000, to remain
available until expended, as authorized by law.
national forest system
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, and for administrative expenses associated with
the management of funds provided under the headings ``Forest and
Rangeland Research'', ``State and Private Forestry'', ``National Forest
System'', ``Wildland Fire Management'', ``Reconstruction and
Construction'', and ``Land Acquisition'', $1,298,570,000, 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 up to
$3,000,000 of funds provided herein may be used to construct or
reconstruct facilities of the Forest Service: Provided further, That no
more than $150,000 shall be used on any single project, exclusive of
planning and design costs: Provided further, That any unobligated
balances remaining in this appropriation in the road maintenance
extended budget line item at the end of fiscal year 1998 may be
transferred to and made a part of the ``Reconstruction and
Construction'' appropriation, road maintenance and decommissioning
extended budget line item.
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, $560,176,000, to remain available until expended:
Provided, That such funds are available for repayment of advances from
other appropriations accounts previously transferred for such purposes.
For an additional amount to cover necessary expenses for emergency
rehabilitation, presuppression due to emergencies, and wildfire
suppression activities of the Forest Service, $102,000,000, to remain
available until expended: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended: Provided further, That these funds shall be available only to
the extent an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an emergency
requirement as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the President to the
Congress.
[[Page 112 STAT. 2681-270]]
reconstruction and construction
For necessary expenses of the Forest Service, not otherwise provided
for, $297,352,000, to remain available until expended for construction,
reconstruction and acquisition of buildings and other facilities, and
for construction, reconstruction, repair and maintenance of forest roads
and trails by the Forest Service as authorized by 16 U.S.C. 532-538 and
23 U.S.C. 101 and 205: Provided, That up to $15,000,000 of the funds
provided herein for road maintenance shall be available for the
decommissioning of roads, including unauthorized roads not part of the
transportation system, which are no longer needed: Provided further,
That no funds shall be expended to decommission any system road until
notice and an opportunity for public comment has been provided: Provided
further, That the Forest Service may make an advance of up to $200,000
from the funds provided under this heading in this Act and up to
$800,000 provided under this heading in Public Law 105-83 to the City of
Colorado Springs, Colorado, for the design and reconstruction of the
Pikes Peak Summit House in accordance with terms and conditions agreed
to.
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, $117,918,000, to be derived
from the Land and Water Conservation Fund, to remain available until
expended.
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.
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 sixteen Western States, pursuant to section 401(b)(1) of
Public Law 94-579, as amended, to remain available until expended, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation, protection,
and improvements.
[[Page 112 STAT. 2681-271]]
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain
available until expended, to be derived from the fund established
pursuant to the above Act.
For necessary expenses of the Forest Service to manage federal lands
in Alaska for subsistence uses under the provisions of Title VIII of the
Alaska National Interest Lands Conservation Act (Public Law 96-487 et
seq.) except in areas described in section 339(a)(1)(A) and (B) of this
Act, $3,000,000 to become available on September 30, 1999, and remain
available until expended: Provided, That if prior to October 1, 1999,
the Secretary of the Interior determines that the Alaska State
Legislature has approved a bill or resolution to amend the Constitution
of the State of Alaska that, if approved by the electorate, would enable
the implementation of state laws of general applicability which are
consistent with, and which provide for the definition, preference and
participation specified in sections 803, 804, and 805 of the Alaska
National Interest Lands Conservation Act, the Secretary of Agriculture
shall make a $3,000,000 grant to the State of Alaska for the purpose of
assisting that State in fulfilling its responsibilities under sections
803, 804, and 805 of that 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 177 passenger
motor vehicles of which 22 will be used primarily for law enforcement
purposes and of which 176 shall be for replacement; acquisition of 25
passenger motor vehicles from excess sources, and hire of such vehicles;
operation and maintenance of aircraft, the purchase of not to exceed two
for replacement only, and acquisition of sufficient aircraft from excess
sources to maintain the operable fleet at 213 aircraft for use in Forest
Service wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft being
replaced may be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein, pursuant to 7 U.S.C. 428a; (5) for
expenses pursuant to the Volunteers in the National Forest Act of 1972
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts
in accordance with 31 U.S.C. 3718(c).
None of the funds made available under this Act shall be obligated
or expended to abolish any region, to move or close any regional office
for National Forest System administration of the Forest Service,
Department of Agriculture without the consent of the House and Senate
Committees on Appropriations.
[[Page 112 STAT. 2681-272]]
Any appropriations or funds available to the Forest Service may be
transferred to the Wildland Fire Management appropriation for forest
firefighting, emergency rehabilitation of burned-over or damaged lands
or waters under its jurisdiction, and fire preparedness due to severe
burning conditions.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development and
the Foreign Agricultural Service in connection with forest and rangeland
research, technical information, and assistance in foreign countries,
and shall be available to support forestry and related natural resource
activities outside the United States and its territories and
possessions, including technical assistance, education and training, and
cooperation with United States and international organizations.
None of the funds made available to the Forest Service under this
Act shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
7 U.S.C. 147b unless the proposed transfer is approved in advance by the
House and Senate Committees on Appropriations in compliance with the
reprogramming procedures contained in House Report 105-163.
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and Senate
Committees on Appropriations in accordance with the procedures contained
in House Report 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.
<> Notwithstanding any other provision of law,
hereafter any appropriations or funds available to the Forest Service
may be used to disseminate program information to private and public
individuals and organizations through the use of nonmonetary items of
nominal value and to provide nonmonetary awards of nominal value and to
incur necessary expenses for the nonmonetary recognition of private
individuals and organizations that make contributions to Forest Service
programs.
<> Notwithstanding any other provision of
law, hereafter money collected, in advance or otherwise, by the Forest
Service under authority of section 101 of Public Law 93-153 (30 U.S.C.
185(1)) as reimbursement of administrative and other costs incurred in
processing pipeline right-of-way or permit applications and for costs
incurred in monitoring the construction, operation, maintenance, and
termination of any pipeline and related facilities, may be used to
reimburse the applicable appropriation to which such costs were
originally charged.
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.
None of the funds available in this Act shall be used for timber
sale preparation using clearcutting in hardwood stands in excess of 25
percent of the fiscal year 1989 harvested volume in the Wayne National
Forest, Ohio: Provided, That this limitation shall not apply to hardwood
stands damaged by natural disaster: Provided further, That landscape
architects shall be used to maintain a visually pleasing forest.
[[Page 112 STAT. 2681-273]]
<> Any money collected from the States for
fire suppression assistance rendered by the Forest Service on non-
Federal lands not in the vicinity of National Forest System lands shall
hereafter be used to reimburse the applicable appropriation and shall
remain available until expended as the Secretary may direct in
conducting activities authorized by 16 U.S.C. 2101 note, 2101-2110,
1606, and 2111.
Of the funds available to the Forest Service, $1,500 is available to
the Chief of the Forest Service for official reception and
representation expenses.
<> Notwithstanding any other provision of law,
hereafter the Forest Service is authorized to employ or otherwise
contract with persons at regular rates of pay, as determined by the
Service, to perform work occasioned by emergencies such as fires,
storms, floods, earthquakes or any other unavoidable cause without
regard to Sundays, Federal holidays, and the regular workweek.
To the greatest extent possible, and in accordance with the Final
Amendment to the Shawnee National Forest Plan, none of the funds
available in this Act shall be used for preparation of timber sales
using clearcutting or other forms of even-aged management in hardwood
stands in the Shawnee National Forest, Illinois.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
funds available to the Forest Service, up to $2,250,000 may be advanced
in a lump sum as Federal financial assistance to the National Forest
Foundation, without regard to when the Foundation incurs expenses, for
administrative expenses or projects on or benefitting National Forest
System lands or related to Forest Service programs: Provided, That of
the Federal funds made available to the Foundation, no more than
$400,000 shall be available for administrative expenses: Provided
further, That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match on at least
one-for-one basis funds made available by the Forest Service: Provided
further, That the Foundation may transfer Federal funds to a non-Federal
recipient for a project at the same rate that the recipient has obtained
the non-Federal matching funds: <> Provided
further, That hereafter, the National Forest Foundation may hold Federal
funds made available but not immediately disbursed and may use any
interest or other investment income earned (before, on, or after the
date of enactment of this Act) on Federal funds to carry out the
purposes of Public Law 101-593: Provided further, That such investments
may be made only in interest-bearing obligations of the United States or
in obligations guaranteed as to both principal and interest by the
United States.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $2,650,000
of the funds available to the Forest Service shall be available for
matching funds to the National Fish and Wildlife Foundation, as
authorized by 16 U.S.C. 3701-3709, and may be advanced in a lump sum as
Federal financial assistance, without regard to when expenses are
incurred, for projects on or benefitting National Forest System lands or
related to Forest Service programs: Provided, That the Foundation shall
obtain, by the end of the period of Federal financial assistance,
private contributions to match on at least one-for-one basis funds
advanced by the Forest Service: Provided further, That the Foundation
may transfer Federal funds to a non-Federal recipient for a project at
the same
[[Page 112 STAT. 2681-274]]
rate that the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities for sustainable rural development purposes.
Notwithstanding any other provision of law, 80 percent of the funds
appropriated to the Forest Service in the ``National Forest System'' and
``Reconstruction and Construction'' accounts and planned to be allocated
to activities under the ``Jobs in the Woods'' program for projects on
National Forest land in the State of Washington may be granted directly
to the Washington State Department of Fish and Wildlife for
accomplishment of planned projects. Twenty percent of said funds shall
be retained by the Forest Service for planning and administering
projects. Project selection and prioritization shall be accomplished by
the Forest Service with such consultation with the State of Washington
as the Forest Service deems appropriate.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
The Secretary of Agriculture is authorized to enter into grants,
contracts, and cooperative agreements as appropriate with the Pinchot
Institute for Conservation, as well as with public and other private
agencies, organizations, institutions, and individuals, to provide for
the development, administration, maintenance, or restoration of land,
facilities, or Forest Service programs, at the Grey Towers National
Historic Landmark: Provided, That, subject to such terms and conditions
as the Secretary of Agriculture may prescribe, any such public or
private agency, organization, institution, or individual may solicit,
accept, and administer private gifts of money and real or personal
property for the benefit of, or in connection with, the activities and
services at the Grey Towers National Historic Landmark: Provided
further, That such gifts may be accepted notwithstanding the fact that a
donor conducts business with the Department of Agriculture in any
capacity.
Funds appropriated to the Forest Service shall be available, as
determined by the Secretary, for payments to Del Norte County,
California, pursuant to sections 13(e) and 14 of the Smith River
National Recreation Area Act (Public Law 101-612).
For purposes of the Southeast Alaska Economic Disaster Fund as set
forth in section 101(c) of Public Law 104-134, the direct grants
provided in subsection (c) shall be considered direct payments for
purposes of all applicable law except that these direct grants may not
be used for lobbying activities.
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 not later than
[[Page 112 STAT. 2681-275]]
90 days after the date of the enactment of this Act, the Forest Service
shall provide, to the Committees on Appropriations of the House of
Representatives and Senate, proposed definitions, which are consistent
with Federal Accounting Standards Advisory Board standards, to be used
with the fiscal year 2000 budget, for indirect expenditures: Provided
further, That the Forest Service shall implement and adhere to the
definitions 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 the fiscal year 2000
budget justification, 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: Provided further, That not later
than 90 days after the date of the enactment of this Act, the Forest
Service shall provide a plan which addresses how the agency will fully
integrate all indirect expenditure information into the agency's general
ledger system.
DEPARTMENT OF ENERGY
clean coal technology
Of the funds made available under this heading for obligation in
prior years, $10,000,000 of such funds shall not be available until
October 1, 1999; $15,000,000 shall not be available until October 1,
2000; and $15,000,000 shall not be available until October 1, 2001:
Provided, That funds made available in previous appropriations Acts
shall be available for any ongoing project regardless of the separate
request for proposal under which the project was selected.
fossil energy research and development
For necessary expenses in carrying out fossil energy research and
development activities, under the authority of the Department of Energy
Organization Act (Public Law 95-91), including the acquisition of
interest, including defeasible and equitable interests in any real
property or any facility or for plant or facility acquisition or
expansion, and for conducting inquiries, technological investigations
and research concerning the extraction, processing, use, and disposal of
mineral substances without objectionable social and environmental costs
(30 U.S.C. 3, 1602, and 1603), performed under the minerals and
materials science programs at the Albany
[[Page 112 STAT. 2681-276]]
Research Center in Oregon, $384,056,000, to remain available until
expended: 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
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, 1998, 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 shall be immediately transferred to the general fund
of the Treasury.
naval petroleum and oil shale reserves
For necessary expenses in carrying out naval petroleum and oil shale
reserve activities, $14,000,000, to remain available until expended:
Provided, <> That
the requirements of 10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal
year 1999: Provided further, That, notwithstanding any other provision
of law, funds available pursuant to the first proviso under this heading
in Public Law 101-512 shall be immediately available for all naval
petroleum and oil shale reserve activities.
For necessary expenses in fulfilling the first installment payment
under the Settlement Agreement entered into by the United States and the
State of California on October 11, 1996, as authorized by section 3415
of Public Law 104-106, $36,000,000 for payment to the State of
California for the State Teachers' Retirement Fund from the Elk Hills
School Lands Fund.
energy conservation
For necessary expenses in carrying out energy conservation
activities, $691,701,000, to remain available until expended, including,
notwithstanding any other provision of law, $64,000,000, which shall be
transferred to this account from amounts held in escrow under section
3002(d) of Public Law 95-509 (15 U.S.C. 4501(d)): Provided, That
$166,000,000 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:
$133,000,000 for weatherization assistance grants and $33,000,000 for
State energy conservation grants.
economic regulation
For necessary expenses in carrying out the activities of the Office
of Hearings and Appeals, $1,801,000, to remain available until expended.
[[Page 112 STAT. 2681-277]]
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.), $160,120,000, to remain available until expended.
energy information administration
For necessary expenses in carrying out the activities of the Energy
Information Administration, $70,500,000, to remain available until
expended.
Appropriations under this Act for the current fiscal year shall be
available for hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase, repair, and cleaning of uniforms; and
reimbursement to the General Services Administration for security guard
services.
From appropriations under this Act, transfers of sums may be made to
other agencies of the Government for the performance of work for which
the appropriation is made.
None of the funds made available to the Department of Energy under
this Act shall be used to implement or finance authorized price support
or loan guarantee programs unless specific provision is made for such
programs in an appropriations Act.
The Secretary is authorized to accept lands, buildings, equipment,
and other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, private or
foreign: Provided, That revenues and other moneys received by or for the
account of the Department of Energy or otherwise generated by sale of
products in connection with projects of the Department appropriated
under this Act may be retained by the Secretary of Energy, to be
available until expended, and used only for plant construction,
operation, costs, and payments to cost-sharing entities as provided in
appropriate cost-sharing contracts or agreements: Provided further, That
the remainder of revenues after the making of such payments shall be
covered into the Treasury as miscellaneous receipts: Provided further,
That any contract, agreement, or provision thereof entered into by the
Secretary pursuant to this authority shall not be executed prior to the
expiration of 30 calendar days (not including any day in which either
House of Congress is not in session because of adjournment of more than
three calendar days to a day certain) from the receipt by the Speaker of
the House of Representatives and the President of the Senate of a full
comprehensive report on such project, including the facts and
circumstances relied upon in support of the proposed project.
No funds provided in this Act may be expended by the Department of
Energy to prepare, issue, or process procurement documents for programs
or projects for which appropriations have not been made.
In addition to other authorities set forth in this Act, the
Secretary may accept fees and contributions from public and private
sources, to be deposited in a contributed funds account, and
[[Page 112 STAT. 2681-278]]
prosecute projects using such fees and contributions in cooperation with
other Federal, State or private agencies or concerns.
The Secretary in fiscal year 1999 and thereafter, shall continue the
process begun in fiscal year 1998 of accepting funds from other Federal
agencies in return for assisting agencies in achieving energy efficiency
in Federal facilities and operations by the use of privately financed,
energy savings performance contracts and other private financing
mechanisms. The funds may be provided after agencies begin to realize
energy cost savings; may be retained by the Secretary until expended;
and may be used only for the purpose of assisting Federal agencies in
achieving greater efficiency, water conservation and use of renewable
energy by means of privately financed mechanisms, including energy
savings performance contracts and utility incentive programs. These
recovered funds will continue to be used to administer even greater
energy efficiency, water conservation and use of renewable energy by
means of privately financed mechanisms such as utility efficiency
service contracts and energy savings performance contracts. The
recoverable funds will be used for all necessary program expenses,
including contractor support and resources needed, to achieve overall
Federal energy management program objectives for greater energy savings.
Any such privately financed contracts shall meet the provisions of the
Energy Policy Act of 1992, Public Law 102-486 regarding energy savings
performance contracts and utility incentive programs.
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, $1,950,322,000, 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 Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the time of
the grant or contract award and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation: Provided
further, That $12,000,000 shall remain available until expended, for the
Indian Catastrophic Health Emergency Fund: Provided further, That
$373,801,000 for contract medical care shall remain available for
obligation until September 30, 2000: 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 one-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
[[Page 112 STAT. 2681-279]]
title IV of the Indian Health Care Improvement Act shall remain
available until expended for the purpose of achieving compliance with
the applicable conditions and requirements of titles XVIII and XIX of
the Social Security Act (exclusive of planning, design, or construction
of new facilities): Provided further, That funding contained herein, and
in any earlier appropriations Acts for scholarship programs under the
Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain
available for obligation until September 30, 2000: 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 $203,781,000 shall be for payments to tribes and tribal
organizations for contract or grant support costs associated with
contracts, grants, self-governance compacts or annual funding agreements
between the Indian Health Service and a tribe or tribal organization
pursuant to the Indian Self-Determination Act of 1975, as amended, prior
to or during fiscal year 1999: Provided further, That funds provided to
the Ponca Indian Tribe of Nebraska in previous fiscal years that were
retained by the tribe to carry out the programs and functions of the
Indian Health Service may be used by the tribe to obtain approved
clinical space to carry out the program.
indian health facilities
For construction, repair, maintenance, improvement, and equipment of
health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
and the Indian Health Care Improvement Act, and for expenses necessary
to carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities support
activities of the Indian Health Service, $289,465,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction or renovation of health facilities for the benefit of an
Indian tribe or tribes may be used to purchase land for sites to
construct, improve, or enlarge health or related facilities.
administrative provisions, indian health service
Appropriations in this Act to the Indian Health Service shall be
available for services as authorized by 5 U.S.C. 3109 but at rates not
to exceed the per diem rate equivalent to the maximum rate payable for
senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; and for uniforms or allowances therefore as
authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
meetings which are concerned with
[[Page 112 STAT. 2681-280]]
the functions or activities for which the appropriation is made or which
will contribute to improved conduct, supervision, or management of those
functions or activities: Provided, That in accordance with the
provisions of the Indian Health Care Improvement Act, non-Indian
patients may be extended health care at all tribally administered or
Indian Health Service facilities, subject to charges, and the proceeds
along with funds recovered under the Federal Medical Care Recovery Act
(42 U.S.C. 2651-2653) shall be credited to the account of the facility
providing the service and shall be available without fiscal year
limitation: Provided further, That notwithstanding any other law or
regulation, funds transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be administered under
Public Law 86-121 (the Indian Sanitation Facilities Act) and Public Law
93-638, as amended: Provided further, That funds appropriated to the
Indian Health Service in this Act, except those used for administrative
and program direction purposes, shall not be subject to limitations
directed at curtailing Federal travel and transportation: Provided
further, That notwithstanding any other provision of law, funds
previously or herein made available to a tribe or tribal organization
through a contract, grant, or agreement authorized by title I or title
III of the Indian Self-Determination and Education Assistance Act of
1975 (25 U.S.C. 450), may be deobligated and reobligated to a self-
determination contract under title I, or a self-governance agreement
under title III of such Act and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation: Provided
further, That none of the funds made available to the Indian Health
Service in this Act shall be used to implement the final rule published
in the Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for the health
care services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the increased costs
associated with the proposed final rule, and such request has been
included in an appropriations Act and enacted into law: Provided
further, That funds made available in this Act are to be apportioned to
the Indian Health Service as appropriated in this Act, and accounted for
in the appropriation structure set forth in this Act: Provided further,
That with respect to functions transferred by the Indian Health Service
to tribes or tribal organizations, the Indian Health Service is
authorized to provide goods and services to those entities, on a
reimbursable basis, including payment in advance with subsequent
adjustment, and the reimbursements received therefrom, along with the
funds received from those entities pursuant to the Indian Self-
Determination Act, may be credited to the same or subsequent
appropriation account which provided the funding, said amounts to remain
available until expended: Provided further, <> That, heretofore and hereafter and notwithstanding any other
provision of law, funds available to the Indian Health Service in this
Act or any other Act 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 and no funds appropriated by this or any other
Act shall be available for any contract support costs or indirect costs
associated with any contract, grant, cooperative agreement, self-
governance compact, or funding agreement entered into between an Indian
tribe or tribal organization
[[Page 112 STAT. 2681-281]]
and any entity other than the Indian Health Service: Provided further,
That reimbursements for training, technical assistance, or services
provided by the Indian Health Service will contain total costs,
including direct, administrative, and overhead associated with the
provision of goods, services, or technical assistance: Provided further,
That the appropriation structure for the Indian Health Service may not
be altered without advance approval of the House and Senate Committees
on Appropriations.
OTHER RELATED AGENCIES
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $13,000,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible individuals
and groups including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and all others
certified as eligible and not included in the preceding categories:
Provided further, That none of the funds contained in this or any other
Act may be used by the Office of Navajo and Hopi Indian Relocation to
evict any single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi Tribe
unless a new or replacement home is provided for such household:
Provided further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the land acquired
pursuant to 25 U.S.C. 640d-10.
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498, as amended (20 U.S.C. 56 part A), $4,250,000.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as authorized
by law, including research in the fields of art, science, and history;
development, preservation, and documentation of the National
Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease (for terms not to
exceed 30 years), and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; up to 5 replacement passenger
[[Page 112 STAT. 2681-282]]
vehicles; purchase, rental, repair, and cleaning of uniforms for
employees; $347,154,000, of which not to exceed $38,165,000 for the
instrumentation program, collections acquisition, Museum Support Center
equipment and move, exhibition reinstallation, the National Museum of
the American Indian, the repatriation of skeletal remains program,
research equipment, information management, and Latino programming shall
remain available until expended, and including such funds as may be
necessary to support American overseas research centers and a total of
$125,000 for the Council of American Overseas Research Centers:
Provided, That funds appropriated herein are available for advance
payments to independent contractors performing research services or
participating in official Smithsonian presentations.
construction and improvements, national zoological park
For necessary expenses of planning, construction, remodeling, and
equipping of buildings and facilities at the National Zoological Park,
by contract or otherwise, $4,400,000, to remain available until
expended.
repair and restoration of buildings
For necessary expenses of repair and restoration of buildings 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, $40,000,000, to remain available until expended: Provided, That
contracts awarded for environmental systems, protection systems, and
exterior repair or restoration of buildings of the Smithsonian
Institution may be negotiated with selected contractors and awarded on
the basis of contractor qualifications as well as price.
construction
For necessary expenses for construction, $16,000,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, a single procurement for the construction of the
National Museum of the American Indian may be issued which includes the
full scope of the project: Provided further, That the solicitation and
the contract shall contain the clause ``availability of funds'' found at
48 CFR 52.232.18.
None of the funds in this or any other Act may be used to initiate
the design of any expansion of current space or new facility without
consultation with the House and Senate Appropriations Committees.
None of the funds in this or any other Act may be used to prepare a
historic structures report, or for any other purpose, involving the Holt
House located at the National Zoological Park in Washington, D.C.
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.
[[Page 112 STAT. 2681-283]]
National Gallery of Art
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $57,938,000 of
which not to exceed $3,026,000 for the special exhibition program shall
remain available until expended.
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, as authorized, $6,311,000, to
remain available until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be negotiated
with selected contractors and awarded on the basis of contractor
qualifications as well as price.
John F. Kennedy Center for the Performing Arts
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $12,187,000.
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
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356) including
[[Page 112 STAT. 2681-284]]
hire of passenger vehicles and services as authorized by 5 U.S.C. 3109,
$5,840,000.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $83,500,000 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.
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,
$14,500,000, to remain available until expended, to the National
Endowment for the Arts: Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the chairman or by grantees of the Endowment under
the provisions of section 10(a)(2), subsections 11(a)(2)(A) and
11(a)(3)(A) during the current and preceding fiscal years for which
equal amounts have not previously been appropriated.
National Endowment for the Humanities
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, as amended, $96,800,000, 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.
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,
$13,900,000, to remain available until expended, of which $9,900,000
shall be available to the National Endowment for the Humanities for the
purposes of section 7(h): Provided, That this appropriation shall be
available for obligation only in such amounts as may be equal to the
total amounts of gifts, bequests, and devises of money, and other
property accepted by the chairman or by grantees of the Endowment under
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have not
previously been appropriated.
[[Page 112 STAT. 2681-285]]
Institute of Museum and Library Services
For carrying out subtitle C of the Museum and Library Services Act
of 1996, as amended, $23,405,000, to remain available until expended.
administrative provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official reception
and representation expenses.
Commission of Fine Arts
For expenses made necessary by the Act establishing a Commission of
Fine Arts (40 U.S.C. 104), $898,000.
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
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665, as amended), $2,800,000: Provided, That
none of these funds shall be available for compensation of level V of
the Executive Schedule or higher positions.
National Capital Planning Commission
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, $5,954,000: 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
For expenses of the Holocaust Memorial Council, as authorized by
Public Law 96-388 (36 U.S.C. 1401), as amended, $32,107,000, 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.
[[Page 112 STAT. 2681-286]]
Presidio Trust
For necessary expenses to carry out title I of the Omnibus Parks and
Public Lands Management Act of 1996, $14,913,000 shall be available to
the Presidio Trust, to remain available until expended. The Trust is
authorized to issue obligations to the Secretary of the Treasury
pursuant to section 104(d)(3) of the Act, in an amount not to exceed
$20,000,000.
TITLE III--GENERAL PROVISIONS
Sec. 301. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such expenditures
are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing
Executive Order issued pursuant to existing law.
Sec. 302. No part of any appropriation under this Act shall be
available to the Secretary of the Interior or the Secretary of
Agriculture for the leasing of oil and natural gas by noncompetitive
bidding on publicly owned lands within the boundaries of the Shawnee
National Forest, Illinois: Provided, That nothing herein is intended to
inhibit or otherwise affect the sale, lease, or right to access to
minerals owned by private individuals.
Sec. 303. No part of any appropriation contained in this Act shall
be available for any activity or the publication or distribution of
literature that in any way tends to promote public support or opposition
to any legislative proposal on which congressional action is not
complete.
Sec. 304. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 305. None of the funds provided in this Act to any department
or agency shall be obligated or expended to provide a personal cook,
chauffeur, or other personal servants to any officer or employee of such
department or agency except as otherwise provided by law.
Sec. 306. No assessments may be levied against any program, budget
activity, subactivity, or project funded by this Act unless advance
notice of such assessments and the basis therefor are presented to the
Committees on Appropriations and are approved by such Committees.
Sec. 307. (a) Compliance With Buy American Act.--None of the funds
made available in this Act may be expended by an entity unless the
entity agrees that in expending the funds the entity will comply with
sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c;
popularly known as the ``Buy American Act'').
(b) Sense of Congress; Requirement Regarding Notice.--
(1) Purchase of american-made equipment and products.--In
the case of any equipment or product that may be authorized to
be purchased with financial assistance provided using funds made
available in this Act, it is the sense of the Congress that
entities receiving the assistance should,
[[Page 112 STAT. 2681-287]]
in expending the assistance, purchase only American-made
equipment and products.
(2) Notice to recipients of assistance.--In providing
financial assistance using funds made available in this Act, the
head of each Federal agency shall provide to each recipient of
the assistance a notice describing the statement made in
paragraph (1) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
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 1995.
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, 1999, then none of the funds appropriated or
otherwise made available by this Act may be used for the AmeriCorps
programs.
Sec. 311. None of the funds made available in this Act may be used:
(1) to demolish the bridge between Jersey City, New Jersey, and Ellis
Island; or (2) to prevent pedestrian use of such bridge, when it is made
known to the Federal official having authority to obligate or expend
such funds that such pedestrian use is consistent with generally
accepted safety standards.
Sec. 312. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) Exceptions.--The provisions of subsection (a) shall not apply if
the Secretary of the Interior determines that, for the claim concerned:
(1) a patent application was filed with the Secretary on or before
September 30, 1994; and (2) all requirements established under sections
2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that date.
[[Page 112 STAT. 2681-288]]
(c) Report.--On September 30, 1999, the Secretary of the Interior
shall file with the House and Senate Committees on Appropriations and
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on
actions taken by the Department under the plan submitted pursuant to
section 314(c) of the Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent applications
in a timely and responsible manner, upon the request of a patent
applicant, the Secretary of the Interior shall allow the applicant to
fund a qualified third-party contractor to be selected by the Bureau of
Land Management to conduct a mineral examination of the mining claims or
mill sites contained in a patent application as set forth in subsection
(b). The Bureau of Land Management shall have the sole responsibility to
choose and pay the third-party contractor in accordance with the
standard procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
Sec. 313. None of the funds appropriated or otherwise made available
by this Act may be used for the purposes of acquiring lands in the
counties of Gallia, Lawrence, Monroe, or Washington, Ohio, for the Wayne
National Forest.
Sec. 314. 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 and 105-83 for payments to tribes and tribal
organizations for contract support costs associated with self-
determination or self-governance contracts, grants, compacts, or annual
funding agreements with the Bureau of Indian Affairs or the Indian
Health Service as funded by such Acts, are the total amounts available
for fiscal years 1994 through 1998 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. 315. Notwithstanding any other provision of law, for fiscal
year 1999 the Secretaries of Agriculture and the Interior are authorized
to limit competition for watershed restoration project contracts as part
of the ``Jobs in the Woods'' component of the President's Forest Plan
for the Pacific Northwest to individuals and entities in historically
timber-dependent areas in the States of Washington, Oregon, and northern
California that have been affected by reduced timber harvesting on
Federal lands.
Sec. 316. None of the funds collected under the Recreational Fee
Demonstration program may be used to plan, design, or construct a
visitor center or any other permanent structure without prior approval
of the House and the Senate Committees on Appropriations if the
estimated total cost of the facility exceeds $500,000.
Sec. 317. (a) None of the funds made available in this Act or any
other Act providing appropriations for the Department of the Interior,
the Forest Service or the Smithsonian Institution may be used to submit
nominations for the designation of Biosphere Reserves pursuant to the
Man and Biosphere program administered by the United Nations
Educational, Scientific, and Cultural Organization.
[[Page 112 STAT. 2681-289]]
(b) The provisions of this section shall be repealed upon enactment
of subsequent legislation specifically authorizing United States
participation in the Man and Biosphere program.
Sec. 318. <> None of the funds made
available in this or any other Act for any fiscal year may be used to
designate, or to post any sign designating, any portion of Canaveral
National Seashore in Brevard County, Florida, as a clothing-optional
area or as an area in which public nudity is permitted, if such
designation would be contrary to county ordinance.
Sec. 319. Of the funds provided to the National Endowment for the
Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made to
a State or local arts agency, or regional group, may be used to
make a grant to any other organization or individual to conduct
activity independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in exchange for
goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs and/or projects.
Sec. 320. The National Endowment for the Arts and the National
Endowment for the Humanities are authorized to solicit, accept, receive,
and invest in the name of the United States, gifts, bequests, or devises
of money and other property or services and to use such in furtherance
of the functions of the National Endowment for the Arts and the National
Endowment for the Humanities. Any proceeds from such gifts, bequests, or
devises, after acceptance by the National Endowment for the Arts or the
National Endowment for the Humanities, shall be paid by the donor or the
representative of the donor to the Chairman. The Chairman shall enter
the proceeds in a special interest-bearing account to the credit of the
appropriate Endowment for the purposes specified in each case.
Sec. 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 fifteen year legally mandated
date to revise before or during calendar year 2000; 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 five-year program
under the Forest and Rangeland Renewable Resources Planning Act.
[[Page 112 STAT. 2681-290]]
Sec. 323. (a) <> Watershed Restoration and
Enhancement Agreements.--For fiscal year 1999, 2000 and 2001, to the
extent funds are otherwise available, appropriations for the Forest
Service may be used by the Secretary of Agriculture for the purpose of
entering into cooperative agreements with willing Federal, tribal, State
and local governments, private and nonprofit entities and landowners for
the protection, restoration and enhancement of fish and wildlife
habitat, and other resources on public or private land, the reduction of
risk from natural disaster where public safety is threatened, or a
combination thereof or both that benefit these resources within the
watershed.
(b) Direct and Indirect Watershed Agreements.--The Secretary of
Agriculture may enter into a watershed restoration and enhancement
agreement--
(1) directly with a willing private landowner; or
(2) indirectly through an agreement with a State, local or
tribal government or other public entity, educational
institution, or private nonprofit organization.
(c) Terms and Conditions.--In order for the Secretary to enter into
a watershed restoration and enhancement agreement--
(1) the agreement shall--
(A) include such terms and conditions mutually
agreed to by the Secretary and the landowner, state or
local government, or private or nonprofit entity;
(B) improve the viability of and otherwise benefit
the fish, wildlife, and other resources on national
forests lands within the watershed;
(C) authorize the provision of technical assistance
by the Secretary in the planning of management
activities that will further the purposes of the
agreement;
(D) provide for the sharing of costs of implementing
the agreement among the Federal Government, the
landowner(s), and other entities, as mutually agreed on
by the affected interests; and
(E) ensure that any expenditure by the Secretary
pursuant to the agreement is determined by the Secretary
to be in the public interest; and
(2) the Secretary may require such other terms and
conditions as are necessary to protect the public investment on
non-Federal lands, provided such terms and conditions are
mutually agreed to by the Secretary and other landowners, State
and local governments or both.
(d) Reporting Requirements.--Not later than December 31, 1999, the
Secretary shall submit a report to the Committees on Appropriations of
the House and Senate, which contains--
(1) A concise description of each project, including the
project purpose, location on federal and non-federal land, key
activities, and all parties to the agreement.
(2) the funding and/or other contributions provided by each
party for each project agreement.
Sec. 324. (a) In providing services or awarding financial assistance
under the National Foundation on the Arts and the Humanities Act of 1965
from funds appropriated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
[[Page 112 STAT. 2681-291]]
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals who have historically been outside the purview of
arts and humanities programs due to factors such as a high
incidence of income below the poverty line or to geographic
isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out section 5 of
the National Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each grant
category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
Sec. 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. <> Notwithstanding the
provisions of section 1010(b) of the Commemorative Works Act (40 U.S.C.
1001 et seq.), the legislative authority for the international memorial
to honor the victims of communism, authorized under section 905 of
Public Law 103-199 (107 Stat. 2331), shall expire December 17, 2007.
<> Sec. 327. Section 101(c) of Public
Law 104-134, as amended, is further amended as follows: Under the
heading ``Title III--General Provisions'' amend section 315(f) (16
U.S.C. 460l-6a note) by striking ``September 30, 1999'' after the words
``and end on'' and inserting ``September 30, 2001'' and striking
``September 30, 2002'' after the words ``remain available through'' and
inserting ``September 30, 2004''.
Sec. 328. Notwithstanding any other provision of law, none of the
funds in this Act may be used to enter into any new or expanded self-
determination contract or grant or self-governance compact pursuant to
the Indian Self-Determination Act of 1975, as amended, for any
activities not previously covered by such contracts, compacts or grants.
Nothing in this section precludes the continuation of those specific
activities for which self-determination
[[Page 112 STAT. 2681-292]]
and self-governance contracts, compacts and grants currently exist or
the renewal of contracts, compacts and grants for those activities;
implementation of section 325 of Public Law 105-83 (111 Stat. 1597); or
compliance with 25 U.S.C. 2005.
Sec. 329. <> (a) Prohibition on Timber
Purchaser Road Credits.--In financing any forest development road
pursuant to section 4 of Public Law 88-657 (16 U.S.C. 535, commonly
known as the National Forest Roads and Trails Act), the Secretary of
Agriculture may not provide effective credit for road construction to
any purchaser of national forest timber or other forest products.
(b)(1) Construction of Roads by Timber Purchasers.--Whenever the
Secretary of Agriculture makes a determination that a forest development
road referred to in subsection (a) shall be constructed or paid for, in
whole or in part, by a purchaser of national forest timber or other
forest products, the Secretary shall include notice of the determination
in the notice of sale of the timber or other forest products. The notice
of sale shall contain, or announce the availability of, sufficient
information related to the road described in the notice to permit a
prospective bidder on the sale to calculate the likely cost that would
be incurred by the bidder to construct or finance the construction of
the road so that the bidder may reflect such cost in the bid.
(2) If there is an increase or decrease in the cost of roads
constructed by the timber purchaser, caused by variations in quantities,
changes or modifications subsequent to the sale of timber made in
accordance with applicable timber sale contract provisions, then an
adjustment to the price paid for timber harvested by the purchaser shall
be made. The adjustment shall be applied by the Secretary as soon as
practicable after any such design change is implemented.
(c) Special Election by Small Business Concerns.--(1) A notice of
sale referred to in subsection (b) containing specified road
construction of $50,000 or more, shall give a purchaser of national
forest timber or other forest products that qualifies as a ``small
business concern'' under the Small Business Act (15 U.S.C. 631 et seq.),
and regulations issued thereunder, the option to elect that the
Secretary of Agriculture build the roads described in the notice. The
Secretary shall provide the small business concern with an estimate of
the cost that would be incurred by the Secretary to construct the roads
on behalf of the small business concern. The notice of sale shall also
include the date on which the roads described in the notice will be
completed by the Secretary if the election is made.
(2) If the election referred to in paragraph (1) is made, the
purchaser of the national forest timber or other forest products shall
pay to the Secretary of Agriculture, in addition to the price paid for
the timber or other forest products, an amount equal to the estimated
cost of the roads which otherwise would be paid by the purchaser as
provided in the notice of sale. Pending receipt of such amount, the
Secretary may use receipts from the sale of national forest timber or
other forest products and such additional sums as may be appropriated
for the construction of roads, such funds to be available until
expended, to accomplish the requested road construction.
(d) Post Construction Harvesting.--In each sale of national forest
timber or other forest products referred to in this section, the
Secretary of Agriculture is encouraged to authorize harvest
[[Page 112 STAT. 2681-293]]
of the timber or other forest products in a unit included in the sale as
soon as road work for that unit is completed and the road work is
approved by the Secretary.
(e) Construction Standard.--For any forest development road that is
to be constructed or paid for by a purchaser of national forest timber
or other forest products, the Secretary of Agriculture may not require
the purchaser to design, construct, or maintain the road (or pay for the
design, construction, or maintenance of the road) to a standard higher
than the standard, consistent with applicable environmental laws and
regulations, that is sufficient for the harvesting and removal of the
timber or other forest products, unless the Secretary bears that part of
the cost necessary to meet the higher standard.
(f) Treatment of Road Value.--For any forest development road that
is constructed or paid for by a purchaser of national forest timber or
other forest products, the estimated cost of the road construction,
including subsequent design changes, shall be considered to be money
received for purposes of the payments required to be made under the
sixth paragraph under the heading ``FOREST SERVICE'' in the Act of May
23, 1908 (35 Stat. 260, 16 U.S.C. 500), and section 13 of the Act of
March 1, 1911 (35 Stat. 963; commonly known as the Weeks Act; 16 U.S.C.
500). To the extent that the appraised value of road construction
determined under this subsection reflects funds contributed by the
Secretary of Agriculture to build the road to a higher standard pursuant
to subsection (e), the Secretary shall modify the appraisal of the road
construction to exclude the effect of the Federal funds.
(g) Effective Date.--(1) This section and the requirements of this
section shall take effect (and apply thereafter) upon the earlier of--
(A) April 1, 1999; or
(B) the date that is the later of--
(i) the effective date of regulations issued by the
Secretary of Agriculture to implement this section; and
(ii) the date on which new timber sale contract
provisions designed to implement this section, that have
been published for public comment, are approved by the
Secretary.
(2) Notwithstanding paragraph (1), any sale of national forest
timber or other forest products for which notice of sale is provided
before the effective date of this section, and any effective purchaser
road credit earned pursuant to a contract resulting from such a notice
of sale or otherwise earned before that effective date shall remain in
effect, and shall continue to be subject to section 4 of Public Law 88-
657 and section 14(i) of the National Forest Management Act of 1976 (16
U.S.C. 472a(i)), and rules issued thereunder, as in effect on the day
before the date of the enactment of this Act.
Sec. 330. Section 6(b)(1)(B)(iii) of the National Foundation on the
Arts and Humanities Act of 1965 (20 U.S.C. 955(b)(1)(B)(iii)) is amended
by striking ``One'' and inserting ``Two''.
Sec. 331. Section 401(f) of Public Law 105-83 (111 Stat. 1610) is
hereby amended <> by striking ``1998'' and
inserting in lieu thereof ``1999''.
Sec. 332. Amounts deposited during fiscal year 1998 in the roads and
trails fund provided for in the fourteenth paragraph under the heading
``FOREST SERVICE'' of the Act of March 4,
[[Page 112 STAT. 2681-294]]
1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the Secretary of
Agriculture, without regard to the State in which the amounts were
derived, to repair or reconstruct roads, bridges, and trails on National
Forest System lands or to carry out and administer projects to improve
forest health conditions, which may include the repair or reconstruction
of roads, bridges, and trails on National Forest System lands in the
wildland-community interface where there is an abnormally high risk of
fire. The projects shall emphasize reducing risks to human safety and
public health and property and enhancing ecological functions, long-term
forest productivity, and biological integrity. The Secretary shall
commence the projects during fiscal year 1999, 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. 333. Section 5 of the Arts and Artifacts Indemnity Act (20
U.S.C. 974) is amended--
(1) in subsection (b) by striking ``$3,000,000,000'' and
inserting ``$5,000,000,000'';
(2) in subsection (c) by striking ``$300,000,000'' and
inserting ``$500,000,000'';
(3) by striking ``or'' at the end of subsection (d)(4);
(4) in subsection (d)(5) by striking ``$200,000,000 or
more'' and inserting ``not less than $200,000,000 but less than
$300,000,000'' and by striking the final period and inserting a
semicolon; and
(5) by inserting the following two new subsections after
subsection (d)(5):
``(6) not less than $300,000,000 but less than $400,000,000,
then coverage under this chapter shall extend only to loss or
damage in excess of the first $300,000 of loss or damage to
items covered; or
``(7) $400,000,000 or more, then coverage under this chapter
shall extend only to loss or damage in excess of the first
$400,000 of loss or damage to items covered.''.
Sec. 334. Tulare Conveyance. (a) In General.--Subject to subsections
(c) and (d), all conveyances to the Redevelopment Agency of the City of
Tulare, California, of lands described in subsection (b), heretofore or
hereafter, made directly by the Southern Pacific Transportation Company,
or its successors, are hereby validated to the extent that the
conveyances would be legal or valid if all right, title, and interest of
the United States, except minerals, were held by the Southern Pacific
Transportation Company.
(b) Lands Described.--The lands referred to in subsection (a) are
the parcels shown on the map entitled ``Tulare Redevelopment Agency-
Railroad Parcels Proposed to be Acquired'', dated May 29, 1997, that
formed part of a railroad right-of-way granted to the Southern Pacific
Railroad Company, or its successors, agents, or assigns, by the Federal
Government (including the right-of-way approved by an Act of Congress on
July 27, 1866). The map referred to in this subsection shall be on file
and available for public inspection in the offices of the Director of
the Bureau of Land Management.
[[Page 112 STAT. 2681-295]]
(c) Preservation of Existing Rights of Access.--Nothing in this
section shall impair any existing rights of access in favor of the
public or any owner of adjacent lands over, under or across the lands
which are referred to in subsection (a).
(d) Minerals.--The United States disclaims any and all right of
surface entry to the mineral estate of lands described in subsection
(b).
Sec. 335. <> The final set of maps entitled
``Coastal Barrier Resources System'', dated ``October 24, 1990, revised
November 12, 1996'', and relating to the following units of the Coastal
Barrier Resources System: P04A, P05/P05P; P05A/P05AP, FL-06P; P10/P10P;
P11; P11AP; P11A; P18/P18P; P25/P25P; and P32/P32P (which set of maps
were created by the Department of the Interior to comply with section
220 of Public Law 104-333, 110 Stat. 4115, and notice of which was
published in the Federal Register on May 28, 1997) shall have the force
and effect of law and replace and substitute for any other inconsistent
Coastal Barrier Resource System map in the possession of the Department
of the Interior. This provision is effective immediately upon enactment
of this Act and the Secretary of the Interior or his designee shall
immediately make this ministerial substitution.
Sec. 336. Section 405(c)(2) of the Indian Health Care Improvement
Act (42 U.S.C. 1645(c)(2)) <> is amended by
striking ``September 30, 1998'' and inserting ``September 30, 2000''.
Sec. 337. Section 3003 of the Petroleum Overcharge Distribution and
Restitution Act of 1986 (15 U.S.C. 4502) is amended by adding after
subsection (d) the following new subsection:
``(e) Subsections (b), (c), and (d) of this section are repealed,
and any rights that may have arisen are extinguished, on the date of the
enactment of the Department of the Interior and Related Agencies
Appropriations Act, 1999. After that date, the amount available for
direct restitution to current and future refined petroleum product
claimants under this Act is reduced by the amounts specified in title II
of that Act as being derived from amounts held in escrow under section
3002(d). The Secretary shall assure that the amount remaining in escrow
to satisfy refined petroleum product claims for direct restitution is
allocated equitably among the claimants.''.
Sec. 338. Section 123(a)(2)(C) of the Department of the Interior and
Related Agencies Appropriations Act, 1998 (111 Stat. 1566),
is <> amended by striking ``self-regulated
tribes such as''.
Sec. 339. <> (a) Restriction on Federal
Management Under Title VIII of the Alaska National Interest Lands
Conservation Act.--
(1) Notwithstanding any other provision of law, hereafter
neither the Secretary of the Interior nor the Secretary of
Agriculture may, prior to December 1, 2000, implement or enforce
any final rule, regulation, or policy pursuant to title VIII of
the Alaska National Interest Lands Conservation Act to manage
and to assert jurisdiction, authority, or control over land,
water, and wild, renewable resources, including fish and
wildlife, in Alaska for subsistence uses, except within--
(A) areas listed in 50 C.F.R. 100.3(b) (October 1,
1998) and
(B) areas constituting ``public land or public
lands'' under the definition of such term found at 50
C.F.R. 100.4 (October 1, 1998).
[[Page 112 STAT. 2681-296]]
(2) The areas in subparagraphs (A) and (B) of paragraph (1)
shall only be construed to mean those public lands which as of
October 1, 1998, were subject to federal management for
subsistence uses pursuant to Title VIII of the Alaska National
Interest Lands Conservation Act.
(b) Subsection (a) Repealed.--
(1) The Secretary of the Interior shall certify before
October 1, 1999, if a bill or resolution has been passed by the
Alaska State Legislature to amend the Constitution of the State
of Alaska that, if approved by the electorate, would enable the
implementation of state laws of general applicability consistent
with, and which provide for the definition, preference, and
participation specified in sections 803, 804, and 805 of the
Alaska National Interest Lands Conservation Act.
(2) Subsection (a) shall be repealed on October 1, 1999,
unless prior to that date the Secretary of the Interior makes
such a certification described in paragraph (1).
(c) Technical Amendments to the Alaska National Interest Lands
Conservation Act.--Section 805 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3115) is amended--
(1) in subsection (a) by striking ``one year after the date
of enactment of this Act,''
(2) in subsection (d) by striking ``within one year from the
date of enactment of this Act,''.
(d) Effect on Tidal and Submerged Land.--Nothing in this section
invalidates, validates, or in any other way affects any claim of the
State of Alaska to title to any tidal or submerged land in Alaska.
Sec. 340. None of the funds made available in this Act may be used
to establish a national wildlife refuge in the Kankakee River watershed
in northwestern Indiana and northeastern Illinois.
Sec. 341. <> Upon the condition that
Skamania County conveys title acceptable to the Secretary of Agriculture
to all right, title and interest in lands identified on a map dated
September 29, 1998 entitled ``Skamania County Lands to be Transferred'',
such lands being located on Table Mountain lying within the Columbia
River Gorge National Scenic Area, there is hereby conveyed to Skamania
County, notwithstanding any other provision of law, the Wind River
Nursery Site lands and facilities and all interests therein, except for
the corridor of the Pacific Crest National Scenic Trail, as depicted on
a map dated September 29, 1998, entitled ``Wind River Conveyance'',
which is on file and available for public inspection in the Office of
the Chief, USDA Forest Service, Washington, D.C.
The conveyance of lands to Skamania County shall become
automatically effective upon a determination by the Secretary that
Skamania County has conveyed acceptable title to the United States to
the Skamania County lands. Lands conveyed to the United States shall
become part of the Gifford Pinchot National Forest and shall have the
status of lands acquired under the Act of March 1, 1911, (commonly
called the Weeks Act) and shall be managed in accordance with the laws
and regulations applicable to the National Forest System.
Sec. 342. <> (a) Boundary Adjustments.--
(1) Lake chelan national recreation area.--The boundary of
the Lake Chelan National Recreation Area, established
[[Page 112 STAT. 2681-297]]
by section 202 of Public Law 90-544 (16 U.S.C. 90a-1), is hereby
adjusted to exclude a parcel of land and waters consisting of
approximately 88 acres, as depicted on the map entitled
``Proposed Management Units, North Cascades, Washington'',
numbered NP-CAS-7002A, originally dated October 1967, and
revised July 13, 1994.
(2) Wenatchee national forest.--The boundary of the
Wenatchee National Forest is hereby adjusted to include the
parcel of land and waters described in paragraph (1).
(3) Availability of map.--The map referred to in paragraph
(1) shall be on file and available for public inspection in the
offices of the superintendent of the Lake Chelan National
Recreation Area and the Director of the National Park Service,
Department of the Interior, and in the office of the Chief of
the Forest Service, Department of Agriculture.
(b) Transfer of Administrative Jurisdiction.--Administrative
jurisdiction over Federal land and waters in the parcel covered by the
boundary adjustments in subsection (a) is transferred from the Secretary
of the Interior to the Secretary of Agriculture, and the transferred
land and waters shall be managed by the Secretary of Agriculture in
accordance with the laws and regulations pertaining to the National
Forest System.
(c) Land and Water Conservation Fund.--For purposes of section 7 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the
boundaries of the Wenatchee National Forest, as adjusted by subsection
(a), shall be considered to be the boundaries of the Wenatchee National
Forest as of January 1, 1965.
Sec. 343. <> Hardwood Technology Transfer
and Applied Research. (a) The Secretary of Agriculture (hereinafter the
``Secretary'') is hereby 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 authorized, on such terms and conditions as the
Secretary may prescribe, to assume all rights, title, and interest,
including all outstanding assets, of the Robert C. Byrd Hardwood
Technology Center, Inc. (hereinafter the ``Center''), a non-profit
corporation existing under the laws of the State of West Virginia:
Provided, That the Board of Directors of the Center requests such an
action and dissolves the corporation consistent with the Articles of
Incorporation and the laws of the State of West Virginia.
[[Page 112 STAT. 2681-298]]
(d) The Secretary is authorized to operate and utilize the assets of
the Center as part of a newly formed ``Institute of Hardwood Technology
Transfer and Applied Research'' (hereinafter the ``Institute''). The
Institute, in addition to the Center, will consist of a Director,
technology transfer specialists from State and Private Forestry, the
Forestry Sciences Laboratory in Princeton, West Virginia, and any other
organizational unit of the Department of Agriculture as the Secretary
deems appropriate. The overall management of the Institute will be the
responsibility of the USDA Forest Service, State and Private Forestry.
(e) The Secretary is 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.
(f) There are hereby authorized to be appropriated such sums as
necessary to carry out the provisions of this section.
Sec. 344. Notwithstanding the requirements of section 1203(a) of
Public Law 99-662 [100 Stat. 4263], the non-Federal share of the cost of
correcting the spillway deficiency at Beach City Lake, Muskingum River
Basin, Ohio, shall not exceed $141,000.
Sec. 345. <> Notwithstanding section 343 of
Public Law 105-83, increases in recreation residence fees on the
Sawtooth National Forest shall be implemented in fiscal year 1999 only
to the extent that such fee increases do not exceed 25 percent.
Sec. 346. Section 7 of the Granger-Thye Act of April 24, 1950 is
amended <> by deleting the words ``recondition and
maintain,'' substituting in lieu thereof the words ``renovate,
recondition, improve, and maintain''.
Sec. 347. <> Stewardship End Result
Contracting Demonstration Project. (a) In General.--Until September 30,
2002, the Forest Service may enter into no more than twenty-eight (28)
contracts with private persons and entities, of which Region One of the
Forest Service shall have the authority to enter into nine (9) such
contracts, to perform services to achieve land management goals for the
national forests that meet local and rural community needs.
(b) Land Management Goals.--The land management goals of a contract
under subsection (a) may include, among other things--
(1) road and trail maintenance or obliteration to restore or
maintain water quality;
(2) soil productivity, habitat for wildlife and fisheries,
or other resource values;
(3) setting of prescribed fires to improve the composition,
structure, condition, and health of stands or to improve
wildlife habitat;
(4) noncommercial cutting or removing of trees or other
activities to promote healthy forest stands, reduce fire
hazards, or achieve other non-commercial objectives;
(5) watershed restoration and maintenance;
(6) restoration and maintenance of wildlife and fish
habitat; and
[[Page 112 STAT. 2681-299]]
(7) control of noxious and exotic weeds and reestablishing
native plant species.
(c) Contracts.--
(1) Procurement procedure.--A source for performance of a
contract under subsection (a) shall be selected on a best-value
basis, including consideration of source under other public and
private contracts.
(2) Term.--A multiyear contract may be entered into under
subsection (a) in accordance with section 304B of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
254c), except that the period of the contract may exceed 5 years
but may not exceed 10 years.
(3) Offsets.--
(A) In general.--In connection with contracts under
subsection (a), the Forest Service may apply the value
of timber or other forest products removed as an offset
against the cost of services received.
(B) Methods of appraisal.--The value of timber or
other forest products used as offsets under subparagraph
(A)--
(i) shall be determined using appropriate
methods of appraisal commensurate with the
quantity of products to be removed;
(ii) may be determined using a unit of measure
appropriate to the contracts; and
(iii) may include valuing products on a per-
acre basis.
(4) Relation to other laws.--The Forest Service may enter
into contracts under subsection (a), notwithstanding subsections
(d) and (g) of section 14 of the National Forest Management Act
of 1976 (16 U.S.C. 472a).
(d) Receipts.--
(1) In general.--The Forest Service may collect monies from
a contract under subsection (a) so long as such collection is a
secondary objective of negotiating contracts that will best
achieve the purposes of this section.
(2) Use.--Monies from a contract under subsection (a) may be
retained by the Forest Service and shall be available for
expenditure without further appropriation at the demonstration
project site from which the monies are collected or at another
demonstration project site.
(3) Relation to other laws.--The value of services received
by the Secretary under a stewardship contract project conducted
under this section, and any payments made or resources provided
by the contractor or the Secretary under such a project, shall
not be considered to be monies received from the National Forest
System under any provision of law. The Act of June 9, 1930 (16
U.S.C. 576 et seq.; commonly known as the Knutson-Vandenberg
Act), shall not apply to stewardship contracts entered into
under this section.
(e) Costs of Removal.--The Forest Service may collect deposits from
contractors covering the costs of removal of timber or other forest
products pursuant to the Act of August 11, 1916 (39 Stat. 462, chapter
313; 16 U.S.C. 490); and the next to the last paragraph under the
heading ``Forest Service.'' under the heading ``Department of
Agriculture'' in the Act of June 30, 1914 (38
[[Page 112 STAT. 2681-300]]
Stat. 430, chapter 131; 16 U.S.C. 498); notwithstanding the fact that
the timber purchasers did not harvest the timber.
(f) Performance and Payment Guarantees.--
(1) In general.--The Forest Service may require performance
and payment bonds, in accordance with sections 103-2 and 103-2
of part 28 of the Federal Acquisition Regulation (48 C.F.R.
28.103-2, 28.103-3), in an amount that the contracting officer
considers sufficient to protect the Government's investment in
receipts generated by the contractor from the estimated value of
the forest products to be removed under contract under
subsection (a).
(2) Excess offset value.--If the offset value of the forest
products exceeds the value of the resource improvement
treatments, the Forest Service may--
(A) collect any residual receipts pursuant to the
Act of June 9, 1930 (46 Stat. 527, chapter 416; 16
U.S.C. 576b); and
(B) apply the excess to other authorized stewardship
demonstration projects.
(g) Monitoring, Evaluation and Reporting.--The Forest Service shall
establish a multiparty monitoring and evaluation process that accesses
each individual stewardship contract conducted under this section.
Besides the Forest Service, participants in this process may include any
cooperating governmental agencies, including tribal governments, and any
interested groups or individuals. The Forest Service shall report
annually to the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the Senate on--
(1) the status of development, execution, and administration
of contracts under subsection (a);
(2) the specific accomplishments that have resulted; and
(3) the role of local communities in development of contract
plans.
Sec. 348. The Forest Service and the Federal Highway Administration
shall make available to the State of Utah, $15,000,000 for construction
of the Trappers Loop connector road. Such funds shall be made available
from the Federal Land Highway Program, Public Lands Highways (Forests)
funds. Such funds shall be made available prior to computation and
aggregation of the state shares of such funds for other projects.
Section 349. <> Protection of Sanctity of
Contracts and Leases of Surface Patent Holders With Respect to Coalbed
Methane Gas. (a) In General.--Subject to subsection (b), the United
States shall recognize as not infringing upon any ownership rights of
the United States to coalbed methane any--
(1) contract or lease covering any land that was conveyed by
the United States under the Act entitled ``An Act for the
protection of surface rights of entrymen'', approved March 3,
1909 (30 U.S.C. 81), or the Act entitled ``An Act to provide for
agricultural entries on coal lands'', approved June 22, 1910 (30
U.S.C. 83 et seq.), that was--
(A) entered into by a person who has title to said
land derived under said Acts, and
(B) that conveys rights to explore for, extract, and
sell coalbed methane from said land; or
(2) coalbed methane production from the lands described in
subsection (a)(1) by a person who has title to said land
[[Page 112 STAT. 2681-301]]
and who, on or before the date of enactment of this Act, has
filed an application with the State oil and gas regulating
agency for a permit to drill an oil and gas well to a completion
target located in a coal formation.
(b) Application.--Subsection (a)
(1) shall apply only to a valid contract or lease described
in subsection (a) that is in effect on the date of enactment of
this Act;
(2) shall not otherwise change the terms or conditions of,
or affect the rights or obligations of any person under such a
contract or lease;
(3) shall apply only to land with respect to which the
United States is the owner of coal reserved to the United States
in a patent issued under the Act of March 3, 1909 (30 U.S.C.
81), or the Act of June 22, 1910 (30 U.S.C. 83 et seq.), the
position of the United States as the owner of the coal not
having passed to a third party by deed, patent or other
conveyance by the United States;
(4) shall not apply to any interest in coal or land
conveyed, restored, or transferred by the United States to a
federally recognized Indian tribe, including any conveyance,
restoration, or transfer made pursuant to the Indian
Recorganization Act, June 18, 1934 (c. 576, 48 Stat. 984, as
amended); the Act of June 28, 1938, (c. 776, 52 Stat. 1209 as
implemented by the order of September 14, 1938, 3 Fed. Reg.
1425); and including the area described in Sec. 3 of P.L. 98-
290; or any executive order;
(5) shall not be construed to constitute a waiver of any
rights of the United States with respect to coalbed methane
production that is not subject to subsection (a);
(6) shall not limit the right of any person who entered into
a contract or lease before the date of enactment of this Act, or
enters into a contract or lease on or after the date of
enactment of this Act, for coal owned by the United States, to
mine and remove the coal and to release coalbed methane without
liability to any person referred to in subsection (a)(1)(A) or
(a)(2).
Sec. 350. No timber in Region 10 of the Forest Service shall be
advertised for sale which, when using domestic Alaska western red cedar
selling values and manufacturing costs, fails to provide at least 60
percent of normal profit and risk of the appraised timber, except at the
written request by a prospective bidder. Program accomplishments shall
be based on volume sold. Should Region 10 sell, in fiscal year 1999, the
annual average portion of the decadal allowable sale quantity called for
in the current Tongass Land Management Plan which provides greater than
60 percent of normal profit and risk at the time of the sale
advertisement, 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
based on values in the Pacific Northwest as determined by the Forest
Service and stated in the timber sale contract. Should Region 10 sell,
in fiscal year 1999, less than the annual average portion of the decadal
allowable sale quantity called for in the current Tongass Land
Management Plan meeting the 60 percent of normal profit and risk
standard at the time of sale advertisement, the volume of western red
cedar timber available
[[Page 112 STAT. 2681-302]]
to domestic processors at rates specified in the timber sale contract in
the contiguous 48 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 a price equal to or
greater than the log selling value stated in the contract. All
additional western red cedar volume not sold to Alaska or contiguous 48
United States domestic processors may be exported to foreign markets at
the election of the timber sale holder. All Alaska yellow cedar may be
sold at prevailing export prices at the election of the timber sale
holder.
Sec. 351. (a) Notwithstanding any other provision of law, prior to
September 30, 2001 the Indian Health Service may not disburse funds for
the provision of health care services pursuant to Public Law 93-638 (25
U.S.C. 450 et seq.), with any Alaska native village or Alaska Native
village corporation that is located within the area served by an Alaska
Native regional health entity.
(b) Nothing in this section shall be construed to prohibit the
disbursal of funds to any Alaska Native village or Alaska Native village
corporation under any contract or compact entered into prior to August
27, 1997, or to prohibit the renewal of any such agreement.
Sec. 352. None of the funds in this or any other Act shall be
expended in Fiscal Year 1999 by the Department of the Interior, the
Forest Service, or any other Federal agency for the capture and physical
relocation of grizzly bears in the Selway-Bitterroot area of Idaho and
adjacent Montana. Nothing in this section shall prohibit the Department
of the Interior, the Forest Service, or any other Federal agency from
using funds to produce a final environmental impact statement that will
include an analysis of the habitat based population viability study
completed in 1998, receive public comment on such final environmental
impact statement, or issue a Record of Decision.
Sec. 353. King Cove Health and Safety. (a) Road on King Cove
Corporation Lands.--Of the funds appropriated in this section, not later
than 60 days after the date of enactment of this Act, $20,000,000 shall
be made available to the Aleutians East Borough for the construction of
an unpaved road not more than 20 feet in width, a dock, and marine
facilities and equipment. Such road shall be constructed on King Cove
Corporation Lands and shall extend from King Cove to such dock. The
Aleutians East Borough, in consultation with the State of Alaska, shall
determine the appropriate location of such dock and marine facilities.
In no instance may any part of such road, dock, marine facilities or
equipment enter or pass over any land within the Congressionally-
designated wilderness in the Izembek National Wildlife Refuge
[[Page 112 STAT. 2681-303]]
(for purposes of this section, the lands within the Refuge boundary
already conveyed to the King Cove Corporation are not within the
wilderness area).
(b) King Cove Air Strip.--Of the funds appropriated in this
section, not later than 180 days after the date of enactment of this
Act, the Secretary of the Interior shall make available up to
$15,000,000 to the State of Alaska for the cost of improvements to the
air strip at King Cove, Alaska, including to enable jet aircraft with
the capability of flying non-stop between Anchorage, Alaska and King
Cove, Alaska to land and take off from such air strip.
(c) King Cove Indian Health Service Facility.--Of the funds
appropriated in this section, not later than 60 days after the enactment
of this Act, the Secretary of Health and Human Services shall make
available $2,500,000 to the Indian Health Service for the cost of new
construction or improvements to the clinic in King Cove, Alaska, and
telemedicine and other medical equipment for such clinic.
(d) Applicability of Other Laws.--All actions undertaken pursuant
to this section must be in accordance with all other applicable laws.
(e) Appropriation.--In addition to funds in this or any other Act,
$37,500,000 is appropriated and shall remain available until expended
for the King Cove Health and Safety projects specifically identified
within this section.
Sec. 354. (a) In General.--To reflect the intent of Congress set
forth in Public Law 98-396, section 4(a)(2) of the Columbia River Gorge
National Scenic Area Act (16 U.S.C. 544(a)(2)) is <> amended--
(1) by striking ``(2) The boundaries'' and inserting the
following:
``(2) Boundaries.--
``(A) In general.--Except as provided in
subparagraph (B), the boundaries''; and
(2) by adding at the end the following:
``(B) Exclusions.--The scenic area shall not include
the approximately 29 acres of land owned by the Port of
Camas-Washougal in the South \1/2\ of Section 16,
Township 1 North, Range 4 East, and the North \1/2\ of
Section 21, Township 1 North, Range 4 East, Willamete
Meridian, Clark County, Washington, that consists of--
``(i) the approximately 19 acres of Port land
acquired from the Corps of Engineers under the
Second Supplemental Appropriations Act, 1984
(Public Law 98-396); and
``(ii) the approximately 10 acres of adjacent
Port land to the west of the land described in
clause (i).''.
(b) Intent.--The <> amendment made by
subsection (a)--
(1) is intended to achieve the intent of Congress set forth
in Public Law 98-396; and
(2) is not intended to set a precedent regarding adjustment
or amendment of any boundaries of the Columbia River Gorge
National Scenic Area or any other provisions of the Columbia
River Gorge National Scenic Area Act.
Sec. 355. Section 5580 of the Revised Statutes (20 U.S.C. 42) is
amended--
(1) by inserting ``(a)'' before ``The business''; and
(2) by adding at the end the following:
[[Page 112 STAT. 2681-304]]
``(b) Notwithstanding any other provision of law, the Board of
Regents of the Smithsonian Institution may modify the number of members,
manner of appointment of members, or tenure of members, of the boards or
commissions under the jurisdiction of the Smithsonian Institution, other
than--
``(1) the Board of Regents of the Smithsonian Institution;
and
``(2) the boards or commissions of the National Gallery of
Art, the John F. Kennedy Center for the Performing Arts, and the
Woodrow Wilson International Center for Scholars.''.
Sec. 356. (a) The Act entitled ``An Act to promote the development
of Indian arts and crafts and to create a board to assist therein, and
for other purposes'', approved August 27, 1935 (25 U.S.C. 305 et
seq.), <> is amended by adding at the end the
following:
``Sec. 7. (a) Notwithstanding any other provision of law, the
Secretary of the Interior is directed to transfer all right, title and
interest in that portion of the Indian Arts and Crafts Board art
collection maintained permanently by the Indian Arts and Crafts Board in
Washington, District of Columbia, to the Secretary of the Smithsonian
Institution to be a part of the collection of the National Museum of the
American Indian, subject to subsection (b). Transfer of the collection
and costs thereof shall be carried out in accordance with terms,
conditions, and standards mutually agreed upon by the Secretary of the
Interior and the Secretary of the Smithsonian Institution.
``(b) The Indian Arts and Crafts Board shall retain a permanent
license to the use of images of the collection for promotional, economic
development, educational and related nonprofit purposes. The Indian Arts
and Crafts Board shall not be required to pay any royalty or fee for
such license.''.
(b) The Secretary of the Interior is authorized to use funds
appropriated in this Act under the heading `salaries and expenses' under
the heading `Departmental Management' for the costs associated with the
transfer of the collection.
Sec. 357. None of the funds provided in this or any other Act shall
be available for the acquisition of lands or interests in lands within
the tract known as the Baca Location No. 1 in New Mexico until such time
as--
(1) an appraisal is completed for such tract which conforms
with the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(2) legislation is enacted authorizing the acquisition of
lands or interests in lands within such tract.
Sec. 358. The Federal building located at 15013 Denver West Parkway,
Golden, Colorado, and known as the National Renewable Energy Laboratory
Visitors Center, shall be known and designated as the ``Dan Schaefer
Federal Building''. Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United States court
house referred to in this provision shall be deemed to be a reference to
the ``Dan Schaefer Federal Building''. This provision shall take effect
on January 3, 1999.
Sec. 359. The new Federal building under construction at 325
Broadway in Boulder, Colorado, shall be known and designated as the
``David Skaggs Federal Building''. Any reference in a law, map,
regulation, document, paper, or other record of the United States to the
Federal building referred to in this provision shall
[[Page 112 STAT. 2681-305]]
be deemed to be a reference to the ``David Skaggs Federal Building''.
This provision shall take effect on January 3, 1999.
Sec. 360. The Federal building located at 201 14th Street, S.W. in
Washington, D.C., shall be known and redesignated as the ``Sidney R.
Yates Federal Building''. Any reference in a law, map, regulation,
document, paper, or other record of the United States to the Federal
building referred to in this provision shall be deemed to be a reference
to the ``Sidney R. Yates Federal Building''. This provision shall take
effect on January 3, 1999.
Sec. 361. If all of the funding approved for release by the
Committees on September 3, 1998, pursuant to Title V--Priority Land
Acquisitions, Land Exchanges, and Maintenance in Public Law 105-83 is
not apportioned to and made available for obligation by the relevant
land management agencies within five days of the enactment of this Act,
those funds are rescinded.
Sec. 362. Section 219 of the Federal Crop Insurance Reform and
Department of Agriculture Reorganization Act of 1994,
Pub. L. 103-354, 7 U.S.C. Sec. 6919, is hereby repealed.
TITLE IV
THE HERGER-FEINSTEIN QUINCY LIBRARY GROUP FOREST RECOVERY ACT
Sec. 401. <> Pilot Project for Plumas, Lassen, and
Tahoe National Forests to Implement Quincy Library Group Proposal. (a)
Definition.--For purposes of this section, the term ``Quincy Library
Group-Community Stability Proposal'' means the agreement by a coalition
of representatives of fisheries, timber, environmental, county
government, citizen groups, and local communities that formed in
northern California to develop a resource management program that
promotes ecologic and economic health for certain Federal lands and
communities in the Sierra Nevada area. Such proposal includes the map
entitled ``QUINCY LIBRARY GROUP Community Stability Proposal'', dated
October 12, 1993, and prepared by VESTRA Resources of Redding,
California.
(b) Pilot Project Required.--
(1) Pilot project and purpose.--The Secretary of Agriculture
(in this section referred to as the ``Secretary''), acting
through the Forest Service and after completion of an
environmental impact statement (a record of decision for which
shall be adopted within 300 days), shall conduct a pilot project
on the Federal lands described in paragraph (2) to implement and
demonstrate the effectiveness of the resource management
activities described in subsection (d) and the other
requirements of this section, as recommended in the Quincy
Library Group-Community Stability Proposal.
(2) Pilot project area.--The Secretary shall conduct the
pilot project on the Federal lands within Plumas National
Forest, Lassen National Forest, and the Sierraville Ranger
District of Tahoe National Forest in the State of California
designated as ``Available for Group Selection'' on the map
entitled ``QUINCY LIBRARY GROUP Community Stability Proposal'',
dated October 12, 1993 (in this section referred to as the
``pilot project area''). Such map shall be on file and available
for inspection in the appropriate offices of the Forest Service.
[[Page 112 STAT. 2681-306]]
(c) Exclusion of Certain Lands, Riparian Protection and
Compliance.--
(1) Exclusion.--All spotted owl habitat areas and protected
activity centers located within the pilot project area
designated under subsection (b)(2) will be deferred from
resource management activities required under subsection (d) and
timber harvesting during the term of the pilot project.
(2) Riparian protection.--
(A) In general.--The Scientific Analysis Team
guidelines for riparian system protection described in
subparagraph (B) shall apply to all resource management
activities conducted under subsection (d) and all timber
harvesting activities that occur in the pilot project
area during the term of the pilot project.
(B) Guidelines described.--The guidelines referred
to in subparagraph (A) are those in the document
entitled ``Viability Assessments and Management
Considerations for Species Associated with Late-
Successional and Old-Growth Forests of the Pacific
Northwest'', a Forest Service research document dated
March 1993 and co-authored by the Scientific Analysis
Team, including Dr. Jack Ward Thomas.
(C) Limitation.--Nothing in this section shall be
construed to require the application of the Scientific
Analysis Team guidelines to any livestock grazing in the
pilot project area during the term of the pilot project,
unless the livestock grazing is being conducted in the
specific location at which the Scientific Analysis Team
guidelines are being applied to an activity under
subsection (d).
(3) Compliance.--All resource management activities required
by subsection (d) shall be implemented to the extent consistent
with applicable Federal law and the standards and guidelines for
the conservation of the California spotted owl as set forth in
the California Spotted Owl Sierran Provence Interim Guidelines
or the subsequently issued guidelines, whichever are in effect.
(4) Roadless area protection.--The Regional Forester for
Region 5 shall direct that any resource management activity
required by subsection (d)(1) and (2), all road building, all
timber harvesting activities, and any riparian management under
subsection (d)(4) that utilizes road construction or timber
harvesting shall not be conducted on Federal lands within the
Plumas National Forest, Lassen National Forest, and the
Sierraville Ranger District of the Tahoe National Forest that
are designated as either ``Off Base'' or ``Deferred'' on the map
referred to in subsection (a). Such direction shall be effective
during the term of the pilot project.
(d) Resource Management Activities.--During the term of the pilot
project, the Secretary shall implement and carry out the following
resource management activities on an acreage basis on the Federal lands
included within the pilot project area designated under subsection
(b)(2):
(1) Fuelbreak construction.--Construction of a strategic
system of defensible fuel profile zones, including shaded
fuelbreaks, utilizing thinning, individual tree selection, and
other methods of vegetation management consistent with the
Quincy Library Group-Community Stability Proposal, on not less
than 40,000, but not more than 60,000, acres per year.
[[Page 112 STAT. 2681-307]]
(2) Group selection and individual tree selection.--
Utilization of group selection and individual tree selection
uneven-aged forest management prescriptions described in the
Quincy Library Group-Community Stability Proposal to achieve a
desired future condition of all-age, multistory, fire resilient
forests as follows:
(A) Group selection.--Group selection on an average
acreage of .57 percent of the pilot project area land
each year of the pilot project.
(B) Individual tree selection.--Individual tree
selection may also be utilized within the pilot project
area.
(3) Total acreage.--The total acreage on which resource
management activities are implemented under this subsection
shall not exceed 70,000 acres each year.
(4) Riparian management.--A program of riparian management,
including wide protection zones and riparian restoration
projects, consistent with riparian protection guidelines in
subsection (c)(2)(B).
(e) Cost-Effectiveness.--In conducting the pilot project, Secretary
shall use the most cost-effective means available, as determined by the
Secretary, to implement resource management activities described in
subsection (d).
(f) Funding.--
(1) Source of funds.--In conducting the pilot project, the
Secretary shall use, subject to the relevant reprogramming
guidelines of the House and Senate Committees on
Appropriations--
(A) those funds specifically provided to the Forest
Service by the Secretary to implement resource
management activities according to the Quincy Library
Group-Community Stability Proposal; and
(B) year-end excess funds that are allocated for the
administration and management of Plumas National Forest,
Lassen National Forest, and the Sierraville Ranger
District of Tahoe National Forest.
(2) Prohibition on use of certain funds.--The Secretary may
not conduct the pilot project using funds appropriated for any
other unit of the National Forest System.
(3) Flexibility.--Subject to normal reprogramming
guidelines, during the term of the pilot project, the forest
supervisors of Plumas National Forest, Lassen National Forest,
and Tahoe National Forest may allocate and use all accounts that
contain year-end excess funds and all available excess funds for
the administration and management of Plumas National Forest,
Lassen National Forest, and the Sierraville Ranger District of
Tahoe National Forest to perform the resource management
activities described in subsection (d).
(4) Restriction.--The Secretary or the forest supervisors,
as the case may be, shall not utilize authority provided under
paragraphs (1)(B) and (3) if, in their judgment, doing so will
limit other nontimber related multiple use activities for which
such funds were available.
(5) Overhead.--The Secretary shall seek to ensure that of
amounts available to carry out this section--
(A) not more than 12 percent is used or allocated
for general administration or other overhead; and
[[Page 112 STAT. 2681-308]]
(B) at least 88 percent is used to implement and
carry out activities required by this section.
(6) Authorized supplemental funds.--There are authorized to
be appropriated to implement and carry out the pilot project
such sums as are necessary.
(7) Baseline funds.--Amounts available for resource
management activities authorized under subsection (d) shall at a
minimum include existing baseline funding levels.
(g) Term of Pilot Project.--The Secretary shall conduct the pilot
project until the earlier of: (1) the date on which the Secretary
completes amendment or revision of the land and resource management
plans directed under and in compliance with subsection (i) for the
Plumas National Forest, Lassen National Forest, and Tahoe National
Forest; or (2) five years after the date of the commencement of the
pilot project.
(h) Consultation.--(1) The statement required by subsection (b)(1)
shall be prepared in consultation with interested members of the public,
including the Quincy Library Group.
(2) Contracting.--The Forest Service, subject to the availability of
appropriations, may carry out any (or all) of the requirements of this
section using private contracts.
(i) Corresponding Forest Plan Amendments.--Within 2 years after the
date of the enactment of this Act, the Regional Forester for Region 5
shall initiate the process to amend or revise the land and resource
management plans for Plumas National Forest, Lassen National Forest, and
Tahoe National Forest. The process shall include preparation of at least
one alternative that--
(1) incorporates the pilot project and area designations
made by subsection (b), the resource management activities
described in subsection (d), and other aspects of the Quincy
Library Group-Community Stability Proposal; and
(2) makes other changes warranted by the analyses conducted
in compliance with section 102(2) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)), section 6 of the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604), and other applicable laws.
(j) Status Reports.--
(1) In general.--Not later than February 28 of each year
during the term of the pilot project, the Secretary shall submit
to Congress a report on the status of the pilot project. The
report shall include at least the following:
(A) A complete accounting of the use of funds made
available under subsection (f)(1)(A) until such funds
are fully expended.
(B) A complete accounting of the use of funds and
accounts made available under subsection (f)(1) for the
previous fiscal year, including a schedule of the
amounts drawn from each account used to perform resource
management activities described in subsection (d).
(C) A description of total acres treated for each of
the resource management activities required under
subsection (d), forest health improvements, fire risk
reductions, water yield increases, and other natural
resources-related benefits achieved by the
implementation of the resource management activities
described in subsection (d).
[[Page 112 STAT. 2681-309]]
(D) A description of the economic benefits to local
communities achieved by the implementation of the pilot
project.
(E) A comparison of the revenues generated by, and
costs incurred in, the implementation of the resource
management activities described in subsection (d) on the
Federal lands included in the pilot project area with
the revenues and costs during each of the fiscal years
1992 through 1997 for timber management of such lands
before their inclusion in the pilot project.
(F) A proposed schedule for the resource management
activities to be undertaken in the pilot project area
during the 1-year period beginning on the date of
submittal of the report.
(G) A description of any adverse environmental
impacts from the pilot project.
(2) Limitation on expenditures.--The amount of Federal funds
expended on each annual report under this subsection shall not
exceed $125,000.
(k) Final Report.--
(1) In general.--The Secretary shall establish an
independent scientific panel to review and report on whether,
and to what extent, implementation of the pilot project under
this section achieved the goals stated in the Quincy Library
Group-Community Stability Proposal, including improved
ecological health and community stability. The membership of the
panel shall reflect expertise in diverse disciplines in order to
adequately address all of those goals.
(2) Preparation.--The panel shall initiate such review no
sooner than 18 months after the first day of the term of the
pilot project under subsection (g). The panel shall prepare the
report in consultation with interested members of the public,
including the Quincy Library Group. The report shall include,
but not be limited to, the following:
(A) A description of any adverse environmental
impacts resulting from implementation of the pilot
project.
(B) An assessment of watershed monitoring data on
lands treated pursuant to this section. Such assessment
shall address the following issues on a priority basis:
timing of water releases; water quality changes; and
water yield changes over the short- and long-term in the
pilot project area.
(3) Submission to the congress.--The panel shall submit the
final report to the Congress as soon as practicable, but in no
case later than 18 months after completion of the pilot project.
(4) Limitation on expenditures.--The amount of Federal funds
expended for the report under this subsection, other than for
watershed monitoring, shall not exceed $350,000. The amount of
Federal funds expended for watershed monitoring under this
subsection shall not exceed $175,000 for each fiscal year in
which the report is prepared.
(l) Relationship to Other Laws.--Nothing in this section exempts the
pilot project from any Federal environmental law.
(m) Loans for Demonstration Projects for Wood Waste or Low-Quality
Wood Byproducts.--
[[Page 112 STAT. 2681-310]]
(1) Evaluation of loan advisability.--The Alternative
Agricultural Research and Commercialization Corporation
established under section 1658 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5902) (in this
section referred to as the ``Corporation'') shall evaluate the
advisability of making commercialization assistance loans under
section 1661 of such Act (7 U.S.C. 5905) to support a minimum of
2 demonstration projects for the development and demonstration
of commercial application of technology to convert wood waste or
low-quality wood byproducts into usable, higher value products.
(2) Location of demonstration projects.--If the Corporation
determines to make loans under this subsection to support the
development and demonstration of commercial application of
technology to convert wood waste or low-quality wood byproducts
into usable, higher value products, the Corporation shall
consider making one loan with regard to a demonstration project
to be conducted in the pilot project area and one loan with
regard to a demonstration project to be conducted in southeast
Alaska.
(3) Eligibility requirements.--To be eligible for a loan
under this subsection, a demonstration project shall be required
to satisfy the eligibility requirements imposed by the
Corporation under section 1661 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5905).
Sec. 402. Short Title. Section 401 of this title may be cited as the
``Herger-Feinstein Quincy Library Group Forest Recovery Act''.
<> TITLE V--
LAND BETWEEN THE LAKES PROTECTION ACT
SEC. 501. <> SHORT TITLE.
This title may be referred to as ``The Land Between the Lakes
Protection Act of 1998''.
<> SEC. 502. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Advisory board.--The term ``Advisory Board'' means the
Land Between the Lakes Advisory Board established under section
522.
(3) Chairman.--The term ``Chairman'' means the Chairman of
the Board of Directors of the Tennessee Valley Authority.
(4) Eligible employee.--The term ``eligible employee'' means
a person that was, on the date of transfer pursuant to section
541, a full-time or part-time annual employee of the Tennessee
Valley Authority at the Recreation Area.
(5) Environmental law.--
(A) In general.--The term ``environmental law''
means all applicable Federal, State, and local laws
(including regulations) and requirements related to
protection of human health, natural and cultural
resources, or the environment.
(B) Inclusions.--The term ``environmental law''
includes--
[[Page 112 STAT. 2681-311]]
(i) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.);
(ii) the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.);
(iii) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.);
(iv) the Clean Air Act (42 U.S.C. 7401 et
seq.);
(v) the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(vi) the Toxic Substances Control Act (15
U.S.C. 2601 et seq.);
(vii) the Safe Drinking Water Act (42 U.S.C.
300f et seq.);
(viii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
(ix) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(6) Forest highway.--The term ``forest highway'' has the
meaning given the term in section 101(a) of title 23, United
States Code.
(7) Governmental unit.--The term ``governmental unit'' means
an agency of the Federal Government or a State or local
government, local governmental unit, public or municipal
corporation, or unit of a State university system.
(8) Hazardous substance.--The term ``hazardous substance''
has the meaning given the term in section 101 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(9) Person.--The term ``person'' has the meaning given the
term in section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(10) Pollutant or contaminant.--The term ``pollutant or
contaminant'' has the meaning given the term in section 101 of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601).
(11) Recreation area.--The term ``Recreation Area'' means
the Land Between the Lakes National Recreation Area.
(12) Release.--The term ``release'' has the meaning given
the term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(13) Response action.--The term ``response action'' has the
meaning given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).
(14) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(15) State.--The term ``State'' means the State of Kentucky
and the State of Tennessee.
SEC. 503. <> PURPOSES.
The purposes of this title are--
(1) to transfer without consideration administrative
jurisdiction over the Recreation Area from the Tennessee Valley
[[Page 112 STAT. 2681-312]]
Authority to the Secretary so that the Recreation Area may be
managed as a unit of the National Forest System;
(2) to protect and manage the resources of the Recreation
Area for optimum yield of outdoor recreation and environmental
education through multiple use management by the Forest Service;
(3) to authorize, research, test, and demonstrate innovative
programs and cost-effective management of the Recreation Area;
(4) to authorize the Secretary to cooperate between and
among the States, Federal agencies, private organizations, and
corporations, and individuals, as appropriate, in the management
of the Recreation Area and to help stimulate the development of
the surrounding region and extend the beneficial results as
widely as practicable; and
(5) to provide for the smooth and equitable transfer of
jurisdiction from the Tennessee Valley Authority to the
Secretary.
Subtitle A--Establishment, Administration, and Jurisdiction
SEC. 511. <> ESTABLISHMENT.
(a) In General.--On the transfer of administrative jurisdiction
under section 541, the Land Between the Lakes National Recreation Area
in the States of Kentucky and Tennessee is established as a unit of the
National Forest System.
(b) Management.--
(1) In general.--The Secretary shall manage the Recreation
Area for multiple use as a unit of the National Forest System.
(2) Emphases.--The emphases in the management of the
Recreation Area shall be--
(A) to provide public recreational opportunities;
(B) to conserve fish and wildlife and their habitat;
and
(C) to provide for diversity of native and desirable
non-native plants, animals, opportunities for hunting
and fishing, and environmental education.
(3) Status of unit.--The Secretary may administer the
Recreation Area as a separate unit of the National Forest System
or in conjunction with an existing national forest.
(c) Area Included.--
(1) In general.--The Recreation Area shall comprise the
federally owned land, water, and interests in the land and water
lying between Kentucky Lake and Lake Barkley in the States of
Kentucky and Tennessee, as generally depicted on the map
entitled ``Land Between the Lakes National Recreation Area--
January, 1998''.
(2) Map.--The map described in paragraph (1) shall be
available for public inspection in the Office of the Chief of
the Forest Service, Washington, D.C.
(d) Waters.--
(1) Water levels and navigation.--Nothing in this title
affects the jurisdiction of the Tennessee Valley Authority or
the Army Corps of Engineers to manage and regulate water levels
and navigation of Kentucky Lake and Lake Barkley and areas
subject to flood easements.
[[Page 112 STAT. 2681-313]]
(2) Occupancy and use.--Subject to the jurisdiction of the
Tennessee Valley Authority and the Army Corps of Engineers, the
Secretary shall have jurisdiction to regulate the occupancy and
use of the surface waters of the lakes for recreational
purposes.
SEC. 512. <> CIVIL AND CRIMINAL JURISDICTION.
(a) Administration.--The Secretary, acting through the Chief of the
Forest Service, shall administer the Recreation Area in accordance with
this title and the laws, rules, and regulations pertaining to the
National Forest System.
(b) Status.--Land within the Recreation Area shall have the status
of land acquired under the Act of March 1, 1911 (commonly known as the
``Weeks Act'') (16 U.S.C. 515 et seq.).
(c) Law Enforcement.--In order to provide for a cost-effective
transfer of the law enforcement responsibilities between the Forest
Service and the Tennessee Valley Authority, the law enforcement
authorities designated under section 4A of the Tennessee Valley
Authority Act 1933 (16 U.S.C. 831c-3) are hereby granted to special
agents and law enforcement officers of the Forest Service. The law
enforcement authorities designated under the eleventh undesignated
paragraph under the heading ``Surveying the public lands'' of the Act of
June 4, 1897 (30 Stat. 35; 16 U.S.C. 551), the first paragraph of that
portion designated ``General Expenses, Forest Service'' of the Act of
March 3, 1905 (33 U.S.C. 873; 16 U.S.C. 559), the National Forest System
Drug Control Act of 1986 (16 U.S.C. 559b-559g) are hereby granted to law
enforcement agents of the Tennessee Valley Authority, within the
boundaries of the Recreation Area, for a period of 1 year from the date
on which this section takes effect.
SEC. 513. <> PAYMENTS TO STATES AND COUNTIES.
(a) Payments in Lieu of Taxes.--Land within the Recreation Area
shall be subject to the provisions for payments in lieu of taxes under
chapter 69 of title 31, United States Code.
(b) Distribution.--All amounts received from charges, use fees, and
natural resource utilization, including timber and agricultural
receipts, shall not be subject to distribution to States under the Act
of May 23, 1908 (16 U.S.C. 500).
(c) Payments by the Tennessee Valley Authority.--After the transfer
of administrative jurisdiction is made under section 541--
(1) the Tennessee Valley Authority shall continue to
calculate the amount of payments to be made to States and
counties under section 13 of the Tennessee Valley Authority Act
of 1933 (16 U.S.C. 831l); and
(2) each State (including, for the purposes of this
subsection, the State of Kentucky, the State of Tennessee, and
any other State) that receives a payment under that section
shall continue to calculate the amounts to be distributed to the
State and local governments, as though the transfer had not been
made.
SEC. 514. <> FOREST HIGHWAYS.
(a) In General.--For purposes of section 204 of title 23, United
States Code, the road known as ``The Trace'' and every other paved road
within the Recreation Area (including any road constructed to secondary
standards) shall be considered to be a forest highway.
[[Page 112 STAT. 2681-314]]
(b) State Responsibility.--
(1) In general.--The States shall be responsible for the
maintenance of forest highways within the Recreation Area.
(2) Reimbursement.--To the maximum extent provided by law,
from funds appropriated to the Department of Transportation and
available for purposes of highway construction and maintenance,
the Secretary of Transportation shall reimburse the States for
all or a portion of the costs of maintenance of forest highways
in the Recreation Area.
Subtitle B--Management Provisions
SEC. 521. <> LAND AND RESOURCE MANAGEMENT
PLAN.
(a) In General.--As soon as practicable after the effective date of
the transfer of jurisdiction under section 541, the Secretary shall
prepare a land and resource management plan for the Recreation Area in
conformity with the National Forest Management Act of 1976 (16 U.S.C.
472a et seq.) and other applicable law.
(b) Interim Provision.--Until adoption of the land and resource
management plan, the Secretary may use, as appropriate, the existing
Tennessee Valley Authority Natural Resource Management Plan to provide
interim management direction. Use of all or a portion of the management
plan by the Secretary shall not be considered to be a major Federal
action significantly affecting the quality of the human environment.
SEC. 522. <> ADVISORY BOARD.
(a) Establishment.--Not later than 90 days after the date of
transfer pursuant to section 541, the Secretary shall establish the Land
Between the Lakes Advisory Board.
(b) Membership.--The Advisory Board shall be composed of 17 members,
of whom--
(1) 4 individuals shall be appointed by the Secretary,
including--
(A) 2 residents of the State of Kentucky; and
(B) 2 residents of the State of Tennessee;
(2) 2 individuals shall be appointed by the Kentucky Fish
and Wildlife Commissioner or designee;
(3) 1 individual shall be appointed by the Tennessee Fish
and Wildlife Commission or designee;
(4) 2 individuals shall be appointed by the Governor of the
State of Tennessee;
(5) 2 individuals shall be appointed by the Governor of the
State of Kentucky; and
(6) 2 individuals shall be appointed by appropriate
officials of each of the 3 counties containing the Recreation
Area.
(c) Term.--
(1) In general.--The term of a member of the Advisory Board
shall be 5 years.
(2) Succession.--Members of the Advisory Board may not
succeed themselves.
(d) Chairperson.--The Regional Forester shall serve as chairperson
of the Advisory Board.
(e) Rules of Procedure.--The Secretary shall prescribe the rules of
procedure for the Advisory Board.
(f) Functions.--The Advisory Board may advise the Secretary on--
[[Page 112 STAT. 2681-315]]
(1) means of promoting public participation for the land and
resource management plan for the Recreation Area; and
(2) environmental education.
(g) Meetings.--
(1) Frequency.--The Advisory Board shall meet at least
biannually.
(2) Public meeting.--A meeting of the Advisory Board shall
be open to the general public.
(3) Notice of meetings.--The chairperson, through the
placement of notices in local news media and by other
appropriate means shall give 2 weeks' public notice of each
meeting of the Advisory Board.
(h) No Termination.--Section 14(a)(2) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory Board.
SEC. 523. <> FEES.
(a) Authority.--The Secretary may charge reasonable fees for
admission to and the use of the designated sites, or for activities,
within the Recreation Area.
(b) Factors.--In determining whether to charge fees, the Secretary
may consider the costs of collection weighed against potential income.
(c) Limitation.--No general entrance fees shall be charged within
the Recreation Area.
SEC. 524. <> DISPOSITION OF RECEIPTS.
(a) In General.--All amounts received from charges, use fees, and
natural resource utilization, including timber and agricultural
receipts, shall be deposited in a special fund in the Treasury of the
United States to be known as the ``Land Between the Lakes Management
Fund''.
(b) Use.--Amounts in the Fund shall be available to the Secretary
until expended, without further Act of appropriation, for the management
of the Recreation Area, including payment of salaries and expenses.
SEC. 525. <> SPECIAL USE AUTHORIZATIONS.
(a) In General.--In addition to other authorities for the
authorization of special uses within the National Forest System, within
the Recreation Area, the Secretary may, on such terms and conditions as
the Secretary may prescribe--
(1) convey for no consideration perpetual easements to
governmental units for public roads over United States Route 68
and the Trace, and such other rights-of-way as the Secretary and
a governmental unit may agree;
(2) transfer or lease to governmental units developed
recreation sites or other facilities to be managed for public
purposes; and
(3) lease or authorize recreational sites or other
facilities, consistent with sections 503(2) and 511(b)(2).
(b) Consideration.--
(1) In general.--Consideration for a lease or other special
use authorization within the Recreation Area shall be based on
fair market value.
(2) Reduction or waiver.--The Secretary may reduce or waive
a fee to a governmental unit or nonprofit organization
[[Page 112 STAT. 2681-316]]
commensurate with other consideration provided to the United
States, as determined by the Secretary.
(c) Procedure.--The Secretary may use any fair and equitable method
for authorizing special uses within the Recreation Area, including
public solicitation of proposals.
(d) Existing Authorizations.--
(1) In general.--A permit or other authorization granted by
the Tennessee Valley Authority that is in effect on the date of
transfer pursuant to section 541 may continue on transfer of
administration of the Recreation Area to the Secretary.
(2) Reissuance.--A permit or authorization described in
paragraph (1) may be reissued or terminated under terms and
conditions prescribed by the Secretary.
(3) Exercise of rights.--The Secretary may exercise any of
the rights of the Tennessee Valley Authority contained in any
permit or other authorization, including any right to amend,
modify, and revoke the permit or authorization.
SEC. 526. <> COOPERATIVE AUTHORITIES AND
GIFTS.
(a) Fish and Wildlife Service.--
(1) Management.--
(A) In general.--Subject to such terms and
conditions as the Secretary may prescribe, the Secretary
may issue a special use authorization to the United
States Fish and Wildlife Service for the management by
the Service of facilities and land agreed on by the
Secretary and the Secretary of the Interior.
(B) Fees.--
(i) In general.--Reasonable admission and use
fees may be charged for all areas administered by
the United States Fish and Wildlife Service.
(ii) Deposit.--The fees shall be deposited in
accordance with section 524.
(2) Cooperation.--The Secretary and the Secretary of the
Interior may cooperate or act jointly on activities such as
population monitoring and inventory of fish and wildlife with
emphasis on migratory birds and endangered and threatened
species, environmental education, visitor services, conservation
demonstration projects and scientific research.
(3) Subordination of fish and wildlife activities to overall
management.--The management and use of areas and facilities
under permit to the United States Fish and Wildlife Service as
authorized pursuant to this section shall be subordinate to the
overall management of the Recreation Area as directed by the
Secretary.
(b) Authorities.--For the management, maintenance, operation, and
interpretation of the Recreation Area and its facilities, the Secretary
may--
(1) make grants and enter into contracts and cooperative
agreements with Federal agencies, governmental units, nonprofit
organizations, corporations, and individuals; and
(2) accept gifts under Public Law 95-442 (7 U.S.C. 2269)
notwithstanding that the donor conducts business with any agency
of the Department of Agriculture or is regulated by the
Secretary of Agriculture.
[[Page 112 STAT. 2681-317]]
SEC. 527. <> DESIGNATION OF NATIONAL RECREATION
TRAIL.
Effective on the date of transfer pursuant to section 541, the
North-South Trail is designated as a national recreation trail under
section 4 of the National Trails System Act (16 U.S.C. 1243).
SEC. 528. <> CEMETERIES.
The Secretary shall maintain an inventory of and ensure access to
cemeteries within the Recreation Area for purposes of burial,
visitation, and maintenance.
SEC. 529. <> RESOURCE MANAGEMENT.
(a) Minerals.--
(1) Withdrawal.--The land within the Recreation Area is
withdrawn from the operation of the mining and mineral leasing
laws of the United States.
(2) Use of mineral materials.--The Secretary may permit the
use of common varieties of mineral materials for the development
and maintenance of the Recreation Area.
(b) Hunting and Fishing.--
(1) In general.--The Secretary shall permit hunting and
fishing on land and water under the jurisdiction of the
Secretary within the boundaries of the Recreation Area in
accordance with applicable laws of the United States and of each
State, respectively.
(2) Prohibition.--
(A) In general.--The Secretary may designate areas
where, and establish periods when, hunting or fishing is
prohibited for reasons of public safety, administration,
or public use and enjoyment.
(B) Consultation.--Except in emergencies, a
prohibition under subparagraph (A) shall become
effective only after consultation with the appropriate
fish and game departments of the States.
(3) Fish and wildlife.--Nothing in this title affects the
jurisdiction or responsibilities of the States with respect to
wildlife and fish on national forests.
SEC. 530. <> HEMATITE DAM.
Within one year from the date of transfer pursuant to section 541,
the Tennessee Valley Authority shall cause any breach in the Hematite
Dam to be repaired, or if such repairs have previously been made, the
Tennessee Valley Authority shall certify in a letter to the Secretary
the sound condition of the dam. Future repair costs and maintenance of
the Hematite Dam shall be the responsibility of the Secretary.
SEC. 531. <> TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a special interest-bearing fund known as the ``Land
Between the Lakes Trust Fund''.
(b) Availability.--Amounts in the Fund shall be available to the
Secretary, until expended, for--
(1) public education, grants, and internships related to
recreation, conservation, and multiple use land management in
the Recreation Area; and
(2) regional promotion in the Recreation Area, in
cooperation with development districts, chambers of commerce,
and State and local governments.
[[Page 112 STAT. 2681-318]]
(c) Deposits.--The Tennessee Valley Authority shall deposit into the
Fund $1,000,000 annually for each of the 5 fiscal years commencing in
the first fiscal year of the transfer. Funding to carry out this section
shall be derived from funding described in section 549.
Subtitle C--Transfer Provisions
SEC. 541. <> EFFECTIVE DATE OF TRANSFER.
Effective on October 1 of the first fiscal year for which Congress
does not appropriate to the Tennessee Valley Authority at least
$6,000,000 for the Recreation Area, or, if this Act is enacted during a
fiscal year for which Congress has not made such an appropriation,
effective as of the date of enactment of this Act, administrative
jurisdiction over the Recreation Area is transferred from the Tennessee
Valley Authority to the Secretary.
SEC. 542. <> STATEMENT OF POLICY.
It is the policy of the United States that, to the maximum extent
practicable--
(1) the transfer of jurisdiction over the Recreation Area
from the Tennessee Valley Authority to the Secretary should be
effected in an efficient and cost-effective manner; and
(2) due consideration should be given to minimizing--
(A) disruption of the personal lives of the
Tennessee Valley Authority and Forest Service employees;
and
(B) adverse impacts on permittees, contractees, and
others owning or operating businesses affected by the
transfer.
SEC. 543. <> MEMORANDUM OF AGREEMENT.
(a) In General.--Not later than 30 days after the date of transfer
pursuant to section 541, the Secretary and the Tennessee Valley
Authority shall enter into a memorandum of agreement concerning
implementation of this title.
(b) Provisions.--The memorandum of understanding shall provide
procedures for--
(1) the orderly withdrawal of officers and employees of the
Tennessee Valley Authority;
(2) the transfer of property, fixtures, and facilities;
(3) the interagency transfer of officers and employees;
(4) the transfer of records; and
(5) other transfer issues.
(c) Transition Team.--
(1) In general.--The memorandum of understanding may provide
for a transition team consisting of the Tennessee Valley
Authority and Forest Service employees.
(2) Duration.--The team may continue in existence after the
date of transfer.
(3) Personnel costs.--The Tennessee Valley Authority and the
Forest Service shall pay personnel costs of their respective
team members.
SEC. 544. <> RECORDS.
(a) Recreation Area Records.--The Secretary shall have access to all
records of the Tennessee Valley Authority pertaining to the management
of the Recreation Area.
[[Page 112 STAT. 2681-319]]
(b) Personnel Records.--The Tennessee Valley Authority personnel
records shall be made available to the Secretary, on request, to the
extent the records are relevant to Forest Service administration.
(c) Confidentiality.--The Tennessee Valley Authority may prescribe
terms and conditions on the availability of records to protect the
confidentiality of private or proprietary information.
(d) Land Title Records.--The Tennessee Valley Authority shall
provide to the Secretary original records pertaining to land titles,
surveys, and other records pertaining to transferred personal property
and facilities.
SEC. 545. <> TRANSFER OF PERSONAL PROPERTY.
(a) Subject Property.--
(1) Inventory.--Not later than 60 days after the date of
transfer pursuant to section 541, the Tennessee Valley Authority
shall provide the Secretary with an inventory of all property
and facilities at the Recreation Area.
(2) Availability for transfer.--
(A) In general.--All Tennessee Valley Authority
property associated with the administration of the
Recreation Area, including any property purchased with
Federal funds appropriated for the management of the
Tennessee Valley Authority land, shall be available for
transfer to the Secretary.
(B) Property included.--Property under subparagraph
(A) includes buildings, office furniture and supplies,
computers, office equipment, buildings, vehicles, tools,
equipment, maintenance supplies, boats, engines, and
publications.
(3) Exclusion of property.--At the request of the authorized
representative of the Tennessee Valley Authority, the Secretary
may exclude movable property from transfer based on a showing by
the Tennessee Valley Authority that the property is vital to the
mission of the Tennessee Valley Authority and cannot be replaced
in a cost-effective manner, if the Secretary determines that the
property is not needed for management of the Recreation Area.
(b) Designation.--Pursuant to such procedures as may be prescribed
in the memorandum of agreement entered into under section 543, the
Secretary shall identify and designate, in writing, all Tennessee Valley
Authority property to be transferred to the Secretary.
(c) Facilitation of Transfer.--The Tennessee Valley Authority shall,
to the maximum extent practicable, use current personnel to facilitate
the transfer of necessary property and facilities to the Secretary,
including replacement of signs and insignia, repainting of vehicles,
printing of public information, and training of new personnel. Funding
for these costs shall be derived from funding described in section 549.
(d) Surplus Property.--
(1) Disposition.--Any personal property, including
structures and facilities, that the Secretary determines cannot
be efficiently managed and maintained either by the Forest
Service or by lease or permit to other persons may be declared
excess by the Secretary and--
[[Page 112 STAT. 2681-320]]
(A) sold by the Secretary on such terms and
conditions as the Secretary may prescribe to achieve the
maximum benefit to the Federal Government; or
(B) disposed of under the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.).
(2) Deposit of proceeds.--All net proceeds from the disposal
of any property shall be deposited into the Fund established by
section 531.
SEC. 546. <> COMPLIANCE WITH ENVIRONMENTAL
LAWS.
(a) Documentation of Existing Conditions.--
(1) In general.--Not later than 60 days after the date of
transfer pursuant to section 541, the Chairman and the
Administrator shall provide the Secretary all documentation and
information that exists on the environmental condition of the
land and waters comprising the Recreation Area property.
(2) Additional documentation.--The Chairman and the
Administrator shall provide the Secretary with any additional
documentation and information regarding the environmental
condition of the Recreation Area property as such documentation
and information becomes available.
(b) Action Required.--
(1) Assessment.--Not later than 120 days after the date of
transfer pursuant to section 541, the Chairman shall provide to
the Secretary an assessment indicating what action, if any, is
required under any environmental law on Recreation Area
property.
(2) Memorandum of understanding.--If the assessment
concludes action is required under any environmental law with
respect to any portion of the Recreation Area property, the
Secretary and the Chairman shall enter into a memorandum of
understanding that--
(A) provides for the performance by the Chairman of
the required actions identified in the assessment; and
(B) includes a schedule providing for the prompt
completion of the required actions to the satisfaction
of the Secretary.
(c) Documentation Demonstrating Action.--On the transfer of
jurisdiction over the Recreation Area from the Tennessee Valley
Authority to the Secretary, the Chairman shall provide the Secretary
with documentation demonstrating that all actions required under any
environmental law have been taken, including all response actions under
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601 et seq.) that are necessary to protect human
health and the environment with respect to any hazardous substance,
pollutant, contaminant, hazardous waste, hazardous material, or
petroleum product or derivative of a petroleum product on Recreation
Area property.
(d) Continuation of Responsibilities and Liabilities.--
(1) In general.--The transfer of the Recreation Area
property under this title, and the requirements of this section,
shall not in any way affect the responsibilities and liabilities
of the Tennessee Valley Authority at the Recreation Area under
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) or any other
environmental law.
[[Page 112 STAT. 2681-321]]
(2) Access.--After transfer of the Recreation Area property,
the Chairman shall be accorded any access to the property that
may be reasonably required to carry out the responsibility or
satisfy the liability referred to in paragraph (1).
(3) No liability.--The Secretary shall not be liable under
any environmental law for matters that are related directly or
indirectly to present or past activities of the Tennessee Valley
Authority on the Recreation Area property, including liability
for--
(A) costs or performance of response actions
required under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.) at or related to the Recreation Area; or
(B) costs, penalties, fines, or performance of
actions related to noncompliance with any environmental
law at or related to the Recreation Area or related to
the presence, release, or threat of release of any
hazardous substance, pollutant, or contaminant,
hazardous waste, hazardous material, or petroleum
product or derivative of a petroleum product of any kind
at or related to the Recreation Area, including
contamination resulting from migration.
(4) No effect on responsibilities or liabilities.--Except as
provided in paragraph (3), nothing in this title affects,
modifies, amends, repeals, alters, limits or otherwise changes,
directly or indirectly, the responsibilities or liabilities
under any environmental law with respect to the Secretary.
(e) Other Federal Agencies.--Subject to the other provisions of this
section, a Federal agency that carried or carries out operations at the
Recreation Area resulting in the release or threatened release of a
hazardous substance, pollutant, or contaminant, hazardous waste,
hazardous material, or petroleum product or derivative of a petroleum
product for which that agency would be liable under any environmental
law shall pay the costs of related response actions and shall pay the
costs of related actions to remediate petroleum products or their
derivatives.
SEC. 547. <> PERSONNEL.
(a) In General.--
(1) Hiring.--Notwithstanding section 3503 of title 5, United
States Code, and subject to paragraph (2), the Secretary may--
(A) appoint, hire, and discharge officers and
employees to administer the Recreation Area; and
(B) pay the officers and employees at levels that
are commensurate with levels at other units of the
National Forest System.
(2) Interim retention of eligible employees.--
(A) In general.--For a period of not less than 5
months after the effective date of transfer to the
Forest Service--
(i) all eligible employees shall be retained
in the employment of the Tennessee Valley
Authority;
(ii) those eligible employees shall be
considered to be placed on detail to the Secretary
and shall be subject to the direction of the
Secretary; and
[[Page 112 STAT. 2681-322]]
(iii) the Secretary shall reimburse the
Tennessee Valley Authority for the amount of the
basic pay and all other compensation of those
eligible employees.
(B) Notice to employees.--The Secretary shall
provide eligible employees a written notice of not less
than 60 days before termination.
(C) Termination for cause.--Subparagraph (A) does
not preclude a termination for cause during the period
described in subparagraph (A).
(b) Applications for Transfer and Appointment.--An eligible employee
shall have the right to apply for employment by the Secretary under
procedures for transfer and appointment of Federal employees outside the
Department of Agriculture.
(c) Hiring by the Secretary.--
(1) In general.--Subject to subsection (b), in filling
personnel positions within the Recreation Area, the Secretary
shall follow all laws (including regulations) and policies
applicable to the Department of Agriculture.
(2) Notification and hiring.--Notwithstanding paragraph (1),
the Secretary--
(A) shall notify all eligible employees of all
openings for positions with the Forest Service at the
Recreation Area before notifying other individuals or
considering applications by other individuals for the
positions; and
(B) after applications by eligible employees have
received consideration, if any positions remain
unfilled, shall notify other individuals of the
openings.
(3) Noncompetitive appointments.--Notwithstanding any other
placement of career transition programs authorized by the Office
of Personnel Management of the United States Department of
Agriculture, the Secretary may noncompetitively appoint eligible
employees to positions in the Recreation Area.
(4) Period of service.--Except to the extent that an
eligible employee that is appointed by the Secretary may be
otherwise compensated for the period of service as an employee
of the Tennessee Valley Authority, that period of service shall
be treated as a period of service as an employee of the
Secretary for the purposes of probation, career tenure, time-in-
grade, and leave.
(d) Transfer to Positions in Other Units of the Tennessee Valley
Authority.--The Tennessee Valley Authority--
(1) shall notify all eligible employees of all openings for
positions in other units of the Tennessee Valley Authority
before notifying other individuals or considering applications
by other individuals for the positions; and
(2) after applications by eligible employees have received
consideration, if any positions remain unfilled, shall notify
other individuals of the openings.
(e) Employee Benefit Transition.--
(1) Memorandum of understanding.--
(A) In general.--The Secretary and the heads of the
Office of Personnel Management, the Tennessee Valley
Authority and the Tennessee Valley Authority Retirement
System shall enter into a memorandum of understanding
providing for the transition for all eligible employees
of compensation made available through the Tennessee
Valley Authority Retirement System.
[[Page 112 STAT. 2681-323]]
(B) Employee participation.--In deciding on the
terms of the memorandum of understanding, the Secretary
and the heads of the Office of Personnel Management, the
Tennessee Valley Authority and the Tennessee Valley
Authority Retirement System shall meet and consult with
and give full consideration to the views of employees
and representatives of the employees of the Tennessee
Valley Authority.
(2) Eligible employees that are transferred to other units
of tva.--An eligible employee that is transferred to another
unit of the Tennessee Valley Authority shall experience no
interruption in coverage for or reduction of any retirement,
health, leave, or other employee benefit.
(3) Eligible employees that are hired by the secretary.--
(A) Level of benefits.--The Secretary shall provide
to an eligible employee that is hired by the Forest
Service a level of retirement and health benefits that
is equivalent to the level to which the eligible
employee would have been entitled if the eligible
employee had remained an employee of the Tennessee
Valley Authority.
(B) Transfer of retirement benefits.--
(i) In general.--Eligible employees hired by
the Forest Service shall become members of the
Civil Service Retirement System (CSRS) Offset Plan
and shall have the option to transfer into the
Federal Employees Retirement System (FERS) within
six months of their date of transfer. Such
employees shall have the option at any time to
receive credit in CSRS Offset or FERS for all of
their TVA service in accordance with applicable
procedures. Any deposits necessary to receive
credit for such service shall be considered
transfers to a qualified plan for purposes of
favorable tax treatment of such amount under the
Internal Revenue Code.
(ii) Funding shortfall.--
(I) In general.--For all eligible
employees that are not part of the Civil
Service Retirement System, the Tennessee
Valley Authority shall meet any funding
shortfall resulting from the transfer of
retirement benefits.
(II) Notification.--The Secretary
shall notify the Tennessee Valley
Authority Board of the cost associated
with the transfer of retirement
benefits.
(III) Payment.--The Tennessee Valley
Authority shall fully compensate the
Secretary for the costs associated with
the transfer of retirement benefits.
(IV) No interruption.--An eligible
employee that is hired by the Forest
Service and is eligible for Civil
Service Retirement shall not experience
any interruption in retirement benefits.
(C) No interruption.--An eligible employee that is
hired by the Secretary--
(i) shall experience no interruption in
coverage for any health, leave, or other employee
benefit; and
[[Page 112 STAT. 2681-324]]
(ii) shall be entitled to carry over any leave
time accumulated during employment by the
Tennessee Valley Authority.
(D) Period of service.--Notwithstanding section
8411(b)(3) of title 5, United States Code, except to the
extent that an eligible employee may be otherwise
compensated (including the provision of retirement
benefits in accordance with the memorandum of
understanding) for the period of service as an employee
of the Tennessee Valley Authority, that period of
service shall be treated as a period of service as an
employee of the U.S. Department of Agriculture for all
purposes relating to the Federal employment of the
eligible employee.
(4) Eligible employees that are discharged not for cause.--
(A) Level of benefits.--The parties to the
memorandum of understanding shall have authority to deem
any applicable requirement to be met, to make payments
to an employee, or take any other action necessary to
provide to an eligible employee that is discharged as
being excess to the needs of the Tennessee Valley
Authority or the Secretary and not for cause and that
does not accept an offer of employment from the
Secretary, an optimum level of retirement and health
benefits that is equivalent to the level that has been
afforded employees discharged in previous reductions in
force by the Tennessee Valley Authority.
(B) Minimum benefits.--An eligible employee that is
discharged as being excess to the needs of the Tennessee
Valley Authority or the Secretary and not for cause
shall, at a minimum be entitled to--
(i) at the option of the eligible employee--
(I) a lump-sum equal to $1,000,
multiplied by the number of years of
service of the eligible employee (but
not less that $15,000 nor more than
$25,000);
(II) a lump-sum payment equal to the
amount of pay earned by the eligible
employee for the last 26 weeks of the
eligible employee's service; or
(III) the deemed addition of 5 years
to the age and the years of service of
an eligible employee;
(ii) 15 months of health benefits for
employees and dependents at the same level
provided as of the date of transfer pursuant to
section 541;
(iii) 1 week of pay per year of service as
provided by the Tennessee Valley Authority
Retirement System;
(iv) a lump-sum payment of all accumulated
annual leave;
(v) unemployment compensation in accordance
with State law;
(vi) eligible pension benefits as provided by
the Tennessee Valley Authority Retirement System;
and
(vii) retraining assistance provided by the
Tennessee Valley Authority.
(C) Shortfall.--If the board of directors of the
Tennessee Valley Authority Retirement System determines
[[Page 112 STAT. 2681-325]]
that the cost of providing the benefits described in
subparagraphs (A) and (B) would have a negative impact
on the overall retirement system, the Tennessee Valley
Authority shall be required to meet any funding
shortfalls.
SEC. 548. <> TENNESSEE VALLEY AUTHORITY
TRANSFER COSTS.
Any costs incurred by Tennessee Valley Authority associated with the
transfer under this subtitle shall be derived from funding described in
section 549.
SEC. 549. <> TENNESSEE VALLEY AUTHORITY
TRANSFER FUNDING.
(a) In General.--The funding described in this section is funding
derived from only 1 or more of the following sources:
(1) Nonpower fund balances and collections.
(2) Investment returns of the nonpower program.
(3) Applied programmatic savings in the power and nonpower
programs.
(4) Savings from the suspension of bonuses and awards.
(5) Savings from reductions in memberships and
contributions.
(6) Increases in collections resulting from nonpower
activities, including user fees.
(7) Increases in charges to private and public utilities
both investor and cooperatively owned, as well as to direct load
customers.
(b) Availability.--Funds from the sources described in subsection
(a) shall be available notwithstanding section 11, 14, 15, or 29 or any
other provision of the Tennessee Valley Authority Act of 1933 (16 U.S.C.
831 et seq.) or any provisions of the covenants contained in any power
bonds issued by the Tennessee Valley Authority.
(c) Sufficiency of Savings.--The savings from and the revenue
adjustment to the budget of the Tennessee Valley Authority for the first
fiscal year of the transfer and each fiscal year thereafter shall be
sufficient so that the net spending authority and resulting outlays to
carry out activities with funding described in subsection (a) shall not
exceed $0 for the first fiscal year of the transfer and each fiscal year
thereafter.
(d) Itemized List of Reductions and Increased Receipts.--
(1) Proposed changes.--Not later than 30 days after the date
of transfer pursuant to section 541, the Chairman of the
Tennessee Valley Authority shall submit to the Committee on
Appropriations of the House of Representatives and the Committee
on Appropriations of the Senate an itemized list of the amounts
of reductions in spending and increases in receipts that are
proposed to be made as a result of activities under this
subsection during the first fiscal year of the transfer.
(2) Actual changes.--Not later than 24 months after the
effective date of the transfer, the Chairman of the Tennessee
Valley Authority shall submit to the Committee on Appropriations
of the House of Representatives and the Committee on
Appropriations of the Senate an itemized list of the amounts of
reductions in spending and increases in receipts as a result of
activities under this subsection during the first fiscal year of
the transfer.
[[Page 112 STAT. 2681-326]]
Subtitle D--Funding
SEC. 551. <> AUTHORIZATION OF APPROPRIATIONS.
(a) Agriculture.--There are authorized to be appropriated to the
Secretary of Agriculture such sums as are necessary to--
(1) permit the Secretary to exercise administrative
jurisdiction over the Recreation Area under this title; and
(2) administer the Recreation Area area as a unit of the
National Forest System.
(b) Interior.--There are authorized to be appropriated to the
Secretary of the Interior such sums as are necessary to carry out
activities within the Recreation Area.
TITLE VI
<> INTERSTATE 90 LAND EXCHANGE ACT
SEC. 601. SHORT TITLE.
This Act may be cited as the ``Interstate 90 Land Exchange Act of
1998''.
SEC. 602. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) certain parcels of private land located in central and
southwest Washington are intermingled with National Forest
System land owned by the United States and administered by the
Secretary of Agriculture as parts of the Mt. Baker-Snoqualmie
National Forest, Wenatchee National Forest, and Gifford Pinchot
National Forest;
(2) the private land surface estate and some subsurface is
owned by the Plum Creek Timber Company, L.P. in an intermingled
checkerboard pattern, with the United States or Plum Creek
owning alternate square mile sections of land or fractions of
square mile sections;
(3) the checkerboard land ownership pattern in the area has
frustrated sound and efficient land management on both private
and National Forest lands by complicating fish and wildlife
habitat management, watershed protection, recreation use, road
construction and timber harvest, boundary administration, and
protection and management of threatened and endangered species
and old growth forest habitat;
(4) acquisition by the United States of certain parcels of
land that have been offered by Plum Creek for addition to the
Mt. Baker-Snoqualmie National Forest and Wenatchee National
Forest will serve important public objectives, including--
(A) enhancement of public access, aesthetics and
recreation opportunities within or near areas of very
heavy public recreational use including--
(i) the Alpine Lakes Wilderness Area;
(ii) the Pacific Crest Trail;
(iii) Snoqualmie Pass;
(iv) Cle Elum Lake, Kachess Lake and Keechulus
Lake; and
(v) other popular recreation areas along the
Interstate 90 corridor east of the Seattle-Tacoma
Metropolitan Area;
[[Page 112 STAT. 2681-327]]
(B) protection and enhancement of old growth forests
and habitat for threatened, endangered and sensitive
species, including a net gain of approximately 28,500
acres of habitat for the northern spotted owl;
(C) consolidation of National Forest holdings for
more efficient administration and to meet a broad array
of ecosystem protection and other public land management
goals, including net public gains of approximately 283
miles of stream ownership, 14 miles of the route of the
Pacific Crest Trail, 20,000 acres of unroaded land, and
7,360 acres of riparian land; and
(D) a significant reduction in administrative costs
to the United States through--
(i) consolidation of Federal land holdings for
more efficient land management and planning;
(ii) elimination of approximately 300 miles of
boundary identification and posting;
(iii) reduced right-of-way, special use, and
other permit processing and issuance for roads and
other facilities on National Forest System land;
and
(iv) other administrative cost savings;
(5) Plum Creek has selected certain parcels of National
Forest System land that are logical for consolidation into Plum
Creek ownership utilizing a land exchange because the parcels--
(A) are intermingled with parcels owned by Plum
Creek; and
(B)(i) are generally located in less environmentally
sensitive areas than the Plum Creek offered land; and
(ii) have lower public recreation and other public
values than the Plum Creek offered land;
(6) time is of the essence in consummating a land exchange
because delays may force Plum Creek to road or log the offered
land and thereby diminish the public values for which the
offered land is to be acquired; and
(7) it is in the public interest to complete the land
exchange at the earliest practicable date so that the offered
land can be acquired and preserved by the United States for
permanent public management, use, and enjoyment.
(b) Purpose.--It is the purpose of this Act to further the public
interest by authorizing, directing, facilitating, and expediting the
consummation of the Interstate 90 land exchange so as to ensure that the
offered land is expeditiously acquired for permanent public use and
enjoyment.
SEC. 603. DEFINITIONS.
In this Act:
(1) Offered land.--The term ``offered land'' means all
right, title and interest, including the surface and subsurface
interests, in land described in section 604(a) to be conveyed
into the public ownership of the United States under this Act.
(2) Plum creek.--The term ``Plum Creek'' means Plum Creek
Timber Company, L.P., a Delaware Limited Partnership, or its
successors, heirs, or assigns.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
[[Page 112 STAT. 2681-328]]
(4) Selected land.--The term ``selected land'' means all
right, title and interest, including the surface and subsurface
interests, unless Plum Creek agrees otherwise, in land described
in section 604(b) to be conveyed into the private ownership of
Plum Creek under this Act.
SEC. 604. LAND EXCHANGE.
(a) Condition and Conveyance of Offered Land.--The exchange directed
by this Act shall be consummated if Plum Creek conveys title acceptable
to the Secretary in and to the lands described in subsection (d), the
offered lands described in paragraphs (1) and (2), or, if necessary, the
lands and interests in land as provided in subsection (c).
(1) Certain land comprising approximately 8,808 acres and
located within the exterior boundaries of the Mt. Baker-
Snoqualmie National Forest, Washington, as generally depicted on
a map entitled ``Interstate 90 Land Exchange'', dated October
1998; and
(2) Certain land comprising approximately 53,576 acres and
located within or adjacent to the exterior boundaries of the
Wenatchee National Forest, Washington, as generally depicted on
a map entitled ``Interstate 90 Land Exchange'', dated October
1998.
(b) Conveyance of Selected Land by the United States.--Upon receipt
of acceptable title to the offered land, and lands and interests
described in subsection (d), the Secretary shall simultaneously convey
to Plum Creek all right, title and interest of the United States,
subject to valid existing rights, in and to the following selected land:
(1) Certain land administered, as of the date of enactment
of this Act, by the Secretary of Agriculture as part of the Mt.
Baker-Snoqualmie National Forest, Washington, and comprising
approximately 5,697 acres, as generally depicted on a map
entitled ``Interstate 90 Land Exchange'', dated October 1998.
(2) Certain land administered, as of the date of enactment
of this Act, by the Secretary of Agriculture as part of the
Wenatchee National Forest, Washington, and comprising
approximately 5,197 acres, as generally depicted on a map
entitled ``Interstate 90 Land Exchange'', dated October 1998.
(3) Certain land administered, as of the date of enactment
of this Act, by the Secretary of Agriculture as part of the
Gifford Pinchot National Forest, Washington, and comprising
approximately 5,601 acres, as generally depicted on a map
entitled ``Interstate 90 Land Exchange'', dated October 1998.
(c) Offered Land Title.--If Plum Creek conveys title acceptable to
the Secretary to less than all rights and interests in the offered
lands, but conveys title acceptable to the Secretary to all rights and
interests that Plum Creek owns and acquires under previous agreements in
the lands described in subsection (d), the offered lands, and lands on
the east and west sides of Cle Elum Lake, comprising approximately 252
acres, described as Township 21 North, Range 14 East, Section 5, and
Lost Lake lands comprising approximately 272 acres, described as
Township 21 North, Range 11 East, W\1/2\ of Section 3, the Secretary
shall convey to Plum Creek all rights and interest in the selected land
after the values of the offered and selected land are equalized. The
values of the
[[Page 112 STAT. 2681-329]]
offered and selected lands shall be equalized as provided in section
605(c)-(e) without regard to the value of lands described in subsection
(d) or the Cle Elum or Lost Lake lands.
(d) <> Land Donation.--Plum Creek agrees
that it will convey, in the form of a voluntary donation, title
acceptable to the Secretary in and to lands and interests in lands
comprising approximately 320 acres, described as Township 22 North,
Range 11 East, S\1/2\ of Section 13, if Plum Creek conveys title to
lands and interests pursuant to subsections (a) or (c). It is the
intention of Congress that any portion of such donated land which the
Secretary determines qualifies as wilderness be, upon the date of its
acquisition by the United States, incorporated in and managed as part of
the adjacent Alpine Lakes Wilderness (as designated by Public Law 94-
357) in accordance with section 6(a) of the Wilderness Act (16 U.S.C.
1135).
SEC. 605. EXCHANGE VALUATION, APPRAISALS AND EQUALIZATION.
(a) Equal Value Exchange.--
(1) In general.--The values of the offered and selected
land--
(A) shall be equal; or
(B) if the values are not equal, shall be equalized
as set forth in subsections (c)-(e).
(2) Appraisal assumption.--In order to ensure the equitable
and uniform appraisal of both the offered and selected land
directed for exchange by this Act, all appraisals shall
determine the highest and best use of the offered and selected
land in accordance with applicable provisions of the Washington
State Forest Practices Act and rules and regulations thereunder,
including alternative measures for protecting critical habitat
pursuant to a habitat conservation plan as provided in
Washington Administrative Code 222-16-080-(6).
(3) Appraisals.--The values of the offered land and selected
land shall be determined by appraisals utilizing nationally
recognized appraisal standards, including applicable provisions
of the Uniform Appraisal Standards for Federal Land Acquisitions
(1992), the Uniform Standards of Professional Appraisal
Practice, and section 206(d) of the Federal Land Policy and
Management Act of 1976, as amended (43 U.S.C. 1716(d)).
(4) Approval by the Secretary.--The appraisals, if not
already completed by the date of enactment of this Act, shall be
completed and submitted to the Secretary for approval not later
than 180 days after the date of enactment of this Act: Provided,
That all timber harvest cease no later than November 30, 1998,
except for any cleanup, reforestation, or other post-harvest
work which cannot be completed by November 30, 1998. A
comprehensive summary of the appraisal consistent with 7 CFR
Part 1.11 shall be made available for public inspection in the
Office of the Supervisor, Wenatchee National Forest, not less
than 30 days nor more than 45 days prior to the exchange of
deeds.
(b) Appraisal Period.--After the final appraised values of the
offered and selected lands, or any portion of the land, have been
approved by the Secretary or otherwise determined under section 206(d)
of the Federal Land Policy and Management Act (43 U.S.C. 1716(d)), the
value shall not be reappraised or updated before
[[Page 112 STAT. 2681-330]]
consummation of the land exchange, except to account for any timber
harvest that might occur after completion of the final appraisal, or for
any adjustments under section 606(g).
(c) Equalization if Surplus of Offered Land.--
(1) In general.--If the final appraised value of the offered
land or lands and interest in lands conveyed by Plum Creek under
section 604(c), except for the Cle Elum and Lost Lake lands,
exceeds the final appraised value of the selected land, Plum
Creek shall delete offered land parcels from the exchange in the
exact order each land Section (or offered portion thereof) is
listed in paragraph (2) until the values are approximately
equal.
(2) Order of deletion.--Offered land deletions under
paragraph (1) shall be made in the following order:
(A) Township 22 North, Range 13 East, Section 31,
Willamette Meridian;
(B) Township 21 North, Range 11 East, Section 35;
(C) Township 19 North, Range 11 East, Section 35;
(D) Township 19 North, Range 12 East, Section 1;
(E) Township 20 North, Range 11 East, Sections 1 and
13;
(F) Township 19 North, Range 12 East, Section 15;
(G) Township 20 North, Range 11 East, Section 11;
(H) Township 21 North, Range 11 East, Section 27;
(I) Township 19 North, Range 13 East, Sections 27
and 15;
(J) Township 21 North, Range 11 East, Sections 21
and 25;
(K) Township 19 North, Range 11 East, Section 23;
(L) Township 19 North, Range 13 East, Sections 21, 9
and 35;
(M) Township 20 North, Range 12 East, Sections 35
and 27;
(N) Township 19 North, Range 12 East, Section 11;
(O) Township 21 North, Range 11 East, Section 17;
(P) Township 21 North, Range 11 East, Section 5;
(Q) Township 18 North, Range 15 East, Section 3;
(R) Township 19 North, Range 14 East, Section 25;
(S) Township 19 North, Range 15 East, Sections 29
and 31; and
(T) Township 19 North, Range 13 East, Section 7.
(d) Equalization if Surplus of Selected Land.--
(1) In general.--If the final appraised value of the
selected land exceeds the final appraised value of the offered
land or lands and interest in lands conveyed by Plum Creek under
section 604(c), except for the Cle Elum and Lost Lake lands, the
Secretary shall delete selected land parcels from the exchange
in the exact order each land Section (or selected portion
thereof) is listed in paragraph (2) until the values are
approximately equal.
(2) Order of deletion.--Selected land deletions under
paragraph 1 shall be made in the following listed order:
(A) the portion of Township 20 North, Range 11 East,
Section 30 lying east of the thread of Sawmill Creek;
(B) the portion of Township 19 North, Range 11 East,
Section 6 lying east of the thread of Sawmill Creek;
(C) Township 20 North, Range 11 East, Section 32;
[[Page 112 STAT. 2681-331]]
(D) Township 21 North, Range 14 East, Sections 28,
22, 36, 26 and 16;
(E) Township 18 North, Range 15 East, Sections 13,
12 and 2;
(F) Township 18 North, Range 15 East, Section 1; and
(G) Township 18 North, Range 15 East, Section 17,
Willamette Meridian.
(e) Once the values of the offered and selected lands are equalized
to the maximum extent practicable under subsections (c) or (d), any cash
equalization balance due the Secretary or Plum Creek shall be made
through cash equalization payments under subsection 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)).
(f) Use of Proceeds by the Secretary.--The amount of any cash
equalization payment received by the Secretary under this section shall
be retained by the Secretary and shall be used by the Secretary until
fully expended to purchase land from willing sellers in the State of
Washington for addition to the National Forest System.
SEC. 606. MISCELLANEOUS PROVISIONS.
(a) Status of Lands After Exchange.--
(1) Land acquired by the secretary.--
(A) In general.--Land acquired by the Secretary
under this Act shall become part of the Mt. Baker-
Snoqualmie, Gifford Pinchot or Wenatchee National
Forests, as appropriate.
(B) Modification of boundaries.--
(1) If any land acquired by the Secretary lies
outside the exterior boundaries of the national
forests identified in subparagraph (A), the
boundaries of the appropriate national forest are
hereby modified to include such land.
(2) Nothing in this section shall limit the
authority of the Secretary to adjust the
boundaries of such National Forests pursuant to
section 11 of the Act of March 1, 1911 (commonly
known as the ``Weeks Act'').
(3) For purposes of section 7 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C.
4601-9) the boundaries of Mt. Baker-Snoqualmie,
Wenatchee and Gifford Pinchot as modified by this
Act shall be considered to be the boundaries of
such forests as of January 1, 1965.
(C) Management.--Land acquired by the Secretary
under this Act shall have the status of lands acquired
under the Act of March 1, 1911 and shall be managed in
accordance with the laws, rules, regulations and
guidelines applicable to the National Forest System.
(2) Land acquired by plum creek.--Land acquired by Plum
Creek under this Act shall become private land for all purposes
of law, unless the deed by which conveyance is made to Plum
Creek contains a specific reservation.
(b) Post-Exchange Access to Land.--
(1) Finding.--Congress finds that Plum Creek and the
Secretary should have adequate and timely post-exchange
[[Page 112 STAT. 2681-332]]
access to lands acquired pursuant to this Act over existing
primary, secondary, or other national forest system roads as may
be needed.
(2) Intention.--It is the intention of Congress that Plum
Creek have access to all lands it acquires under this Act, and
when such access requires construction of new roads, it shall be
granted in compliance with the National Environmental Policy
Act, the Endangered Species Act, the National Historic
Preservation Act, and other applicable laws, rules, and
regulations.
(3) Access within cost share agreement areas.--Within Cost
Share Construction and Use Agreement Areas, Plum Creek and the
Secretary will convey road access, at no cost, to the lands
acquired by each party upon consummation of the exchange
pursuant to this Act in accordance with the appropriate terms
and procedures of said cost share construction and use
agreements.
(4) Access outside cost share agreement areas.--Outside of
Cost Share Construction and Use Agreement Areas, the Secretary
shall grant Plum Creek road access easements at no cost in a
form set out in Forest Service Handbook 2709.12, 35. In the case
of new road construction, they shall conform to the Secretary's
rules and regulations 36 CFR 251, subpart B, for the roads
identified on the map entitled ``Plum Creek Access Road Needs'',
dated September 1998, including mitigation under existing law.
(c) Access to Certain Lands Acquired by the United States.--Outside
of Cost Share Construction and Use Agreement Areas, Plum Creek shall
grant the Secretary road access easements at no cost on the locations
identified by the Secretary in a format acceptable to the Secretary.
(d) Timing.--It is the intent of Congress that the land exchange
authorized and directed by this Act be consummated no later than 270
days after the date of enactment of this Act, unless the Secretary and
Plum Creek mutually agree to extend the consummation date.
(e) Withdrawal of Selected Land.--Effective upon the date of
enactment of this Act, all selected land identified for exchange to Plum
Creek under section 604(b) is hereby withdrawn from all forms of entry
and appropriation under the U.S. mining and mineral leasing laws,
including the Geothermal Steam Act of 1970, until such time as the
exchange is consummated, or until a particular parcel or parcels are
deleted from the exchange under section 605(d).
(f) Withdrawal of Cle Elum River Lands.--Lands acquired by the
Secretary under this Act that are located in Township 23 North, Range 14
East, and Township 22 North, Range 14 East, Willamette Meridian, shall
upon the date of their acquisition be permanently withdrawn from all
forms of entry and appropriation under the U.S. mining and mineral
leasing laws, including the Geothermal Steam Act of 1970.
(g) Parcels Subject to Historic or Cultural Resource Restrictions.--
(1) Report to plum creek.--No later than 180 days after
enactment of this Act, the Secretary shall complete
determinations and consultation under the National Historic
Preservation Act and submit a report to Plum Creek and other
consulting
[[Page 112 STAT. 2681-333]]
parties under the National Historic Preservation Act listing by
exact aliquot part description any parcel or parcels of selected
land on which cultural properties have been identified and for
which protection, use restrictions or mitigation requirements
will be imposed. Such report shall include an exact description
of each restriction or mitigation action required.
(2) Plum creek response.--Within 30 days of receipt of the
Secretary's report under paragraph (1), Plum Creek shall notify
the Secretary as to: (i) those parcels it will accept subject to
the identified use restrictions or mitigation requirements; and
(ii) those parcels it will not accept because the restrictions
or mitigation requirements are deemed by Plum Creek to be an
unacceptable encumbrance on the land.
(3) Parcel deletion.--The Secretary shall delete from the
selected land those parcels identified by Plum Creek as
unacceptable for conveyance under paragraph (2).
(4) Appraisal adjustment.--The fair market value of any
parcels deleted under paragraph (3), or any modification in fair
market value caused by the use restrictions or mitigation
requirements on land accepted by Plum Creek, shall be based on
their contributory value to the final approved appraised value
of the selected land and subtracted from such value prior to
consummation of the exchange.
(h) Access Limitation.--The Secretary shall not grant any road
easements that would access the offered lands listed in section 604(a)
prior to consummation of the exchange: Provided, That this provision
shall not apply should either party withdraw from the exchange.
SEC. 607. LAND PURCHASE.
(a) Finding.--The Congress finds that certain lands owned by Plum
Creek in the vicinity of the offered lands (but which are not included
in the land exchange under this Act, or are deleted under section
605(c)) are highly desirable for addition to the National Forest System,
and that Plum Creek has indicated its willingness to sell certain such
lands to the United States. It is the intention of Congress that such
lands be acquired by the United States, subject to the availability of
funds, by purchase at fair market value consistent with the land
acquisition procedures of the Secretary, and with the consent of Plum
Creek, in order to preserve their outstanding scenic and natural values
for the benefit of future generations.
(b) Purchase Consultation.--In furtherance of subsection (a), the
Secretary is authorized and directed to consult with Plum Creek to
determine the precise lands Plum Creek is willing to sell.
(c) Other Agreements.--Nothing in this Act shall be construed to
prohibit the Secretary from entering into additional agreements or
contracts with Plum Creek to purchase, exchange or otherwise acquire
lands from Plum Creek in Washington or any other state under the laws,
rules and regulations generally applicable to Federal land acquisitions.
SEC. 608. TIETON RIVER STUDY.
The Secretary is authorized and directed to consult with Plum Creek
concerning opportunities for the United States to acquire by exchange or
purchase Plum Creek lands along the Tieton River in Township 14 North,
Range 15 East, Willamette Meridian.
[[Page 112 STAT. 2681-334]]
SEC. 609. FUTURE LAND EXCHANGE OPPORTUNITY.
(a) Finding.--The Congress finds that certain lands which were
identified for exchange to the United States in the I-90 Land Exchange
process have been, or may be, deleted from the final exchange under this
Act due to value equalization or other reasons. However, some or all of
such deleted lands, or other Plum Creek lands, may possess attributes
that merit their conveyance to the United States in a follow-up land
exchange, including lands in or around the Carbon River, the Yakima
River, the Pacific Crest Trail, Watch Mountain and Goat Mountain on the
Gifford Pinchot National Forest, the Green River and the Manastash late
successional reserve.
(b) Future Exchange.--In furtherance of subsection (a), the
Secretary is authorized and directed to consult with Plum Creek in
examining opportunities for the United States to acquire such deleted
lands, or other Plum Creek lands in the State of Washington, in a future
exchange.
(c) Report to Congress.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit a report to the
Committee on Energy and Natural Resources of the United States Senate
and the Committee on Resources of the United States House of
Representatives briefly outlining future land exchange opportunities
with Plum Creek, including those for which the Secretary is required to
consult under section 608, which the Secretary determines merit detailed
analysis and consideration. The Secretary should identify the most
urgent acquisitions for purchase or exchange in the report.
SEC. 610. WILDERNESS STUDY AREA.
In furtherance of the purposes of the Wilderness Act, if the land
exchange directed by this Act is consummated, the area of land
comprising approximately 15,000 acres, as generally depicted on a map
entitled ``Alpine Lakes Wilderness Study Area'', dated October 1998,
shall be reviewed by the Secretary of Agriculture as to its suitability
for preservation as wilderness. The Secretary shall submit a report and
findings to the President, and the President shall submit his
recommendations to the United States House of Representatives and United
States Senate no later than three years after the date of enactment of
this Act. Subject to valid existing rights and existing uses, such lands
shall, until Congress determines otherwise or until December 31, 2003,
be administered by the Secretary to maintain their wilderness character
existing as of the date of enactment of this Act and potential for
inclusion in the National Wilderness Preservation System, and shall be
withdrawn from all forms of entry and appropriation under the U.S.
mining and mineral leasing laws, including the Geothermal Steam Act of
1970.
SEC. 611. <> KELLY BUTTE SPECIAL MANAGEMENT AREA.
(a) Establishment.--Upon conveyance to the United States of the Plum
Creek offered lands in the Kelly Butte area, there is hereby established
the Kelly Butte Special Management Area in the Mt. Baker-Snoqualmie
National Forest, Washington, comprising approximately 5,642 acres, as
generally depicted on a map entitled ``Kelly Butte Special Management
Area'', dated October 1998.
(b) Management.--The Kelly Butte Special Management Area shall be
managed by the Secretary in accordance with the laws, rules and
regulations generally applicable to National Forest System lands, and
subject to the following additional provisions:
[[Page 112 STAT. 2681-335]]
(1) the Area shall be managed with special emphasis on:
(A) preserving its natural character and protecting
and enhancing water quality in the upper Green River
watershed;
(B) permitting hunting and fishing;
(C) providing opportunities for primitive and semi-
primitive recreation and scientific research and study;
(D) protecting and enhancing populations of fish,
wildlife and native plant species; and
(E) allowing for traditional uses by native American
peoples;
(2) commercial timber harvest and road construction shall be
prohibited;
(3) the Area shall be closed to the use of motor vehicles,
except as may be necessary for administrative purposes or in
emergencies (including rescue operations) to protect public
health and safety; and
(4) the Area shall, subject to valid existing rights, be
permanently withdrawn from all forms of entry and appropriation
under the U.S. mining laws and mineral leasing laws, including
the Geothermal Steam Act of 1970.
(c) No Buffer Zones.--Congress does not intend that the designation
of the Kelly Butte Special Management Area lead to the creation of
protective perimeters or buffer zones around the Area. The fact that
non-compatible activities or uses can be seen or heard from within the
Kelly Butte Special Management Area shall not, of itself, preclude such
activities or uses up to the boundary of the Area.
SEC. 612. EFFECT ON COUNTY REVENUES.
The Secretary shall consult with the appropriate Committees of
Congress, and local elected officials in the counties in the State of
Washington in which the offered lands are located, regarding options to
minimize the adverse effect on county revenues of the transfer of the
offered lands from private to Federal ownership.
TITLE VII <>
INDIAN TRIBAL TORT CLAIMS AND RISK MANAGEMENT
SEC. 701. SHORT TITLE.
This title may be cited as the ``Indian Tribal Tort Claims and Risk
Management Act of 1998''.
SEC. 702. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) Indian tribes have made significant achievements toward
developing a foundation for economic self-sufficiency and self-
determination, and that economic self-sufficiency and self-
determination have increased opportunities for the Indian tribes
and other entities and persons to interact more frequently in
commerce and intergovernmental relationships;
(2) although Indian tribes have sought and secured liability
insurance coverage to meet their needs, many Indian tribes are
faced with significant barriers to obtaining liability insurance
because of the high cost or unavailability of such coverage in
the private market;
[[Page 112 STAT. 2681-336]]
(3) as a result, Congress has extended liability coverage
provided to Indian tribes to organizations to carry out
activities under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.); and
(4) there is an emergent need for comprehensive and cost-
efficient insurance that allows the economy of Indian tribes to
continue to grow and provides compensation to persons that may
suffer personal injury or loss of property.
(b) Purpose.--The purpose of this title is to provide for a study to
facilitate relief for a person who is injured as a result of an official
action of a tribal government.
SEC. 703. DEFINITIONS.
In this title:
(1) Indian tribe.--The term ``Indian tribe'' has the meaning
given that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribal organization.--The term ``tribal organization''
has the meaning given that term in section 4(l) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(l)).
SEC. 704. STUDY AND REPORT TO CONGRESS.
(a) In General.--
(1) Study.--In order to minimize and, if possible, eliminate
redundant or duplicative liability insurance coverage and to
ensure that the provision of insurance to Indian tribes is cost-
effective, the Secretary shall conduct a comprehensive survey of
the degree, type, and adequacy of liability insurance coverage
of Indian tribes at the time of the study.
(2) Contents of study.--The study conducted under this
subsection shall include--
(A) an analysis of loss data;
(B) risk assessments;
(C) projected exposure to liability, and related
matters; and
(D) the category of risk and coverage involved,
which may include--
(i) general liability;
(ii) automobile liability;
(iii) the liability of officials of the Indian
tribe;
(iv) law enforcement liability;
(v) workers' compensation; and
(vi) other types of liability contingencies.
(3) Assessment of coverage by categories of risk.--For each
Indian tribe, for each category of risk identified under
paragraph (2), the Secretary, in conducting the study, shall
determine whether insurance coverage or coverage under chapter
171 of title 28, United States Code, applies to that Indian
tribe for that activity.
(b) Report.--Not later than June 1, 1999, and annually thereafter,
the Secretary shall submit a report to Congress that contains
legislative recommendations that the Secretary determines to--
(1) be appropriate to improve the provision of insurance
coverage to Indian tribes; or
[[Page 112 STAT. 2681-337]]
(2) otherwise achieve the purpose of providing relief to
persons who are injured as a result of an official action of a
tribal government.
SEC. 705. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of the
Interior such sums as may be necessary to carry out this title.
This Act may be cited as the ``Department of the Interior and
Related Agencies Appropriations Act, 1999''.
(f) For programs, projects or activities in the Departments of
Labor, Health and Human Services, and Education, and Related Agencies
Appropriations Act, 1999, provided as follows, to be effective as if it
had been enacted into law as the regular appropriations Act:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
For necessary expenses of the Job Training Partnership Act, as
amended, 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 Job Training Partnership Act; the Stewart B. McKinney
Homeless Assistance Act; the Women in Apprenticeship and Nontraditional
Occupations Act; the National Skill Standards Act of 1994; section
166(j) of the Workforce Investment Act of 1998; and the School-to-Work
Opportunities Act; $5,272,324,000 plus reimbursements, of which
$3,740,287,000 is available for obligation for the period July 1, 1999
through June 30, 2000; of which $1,250,965,000 is available for
obligation for the period April 1, 1999 through June 30, 2000, including
$250,000,000 for activities authorized by section 127(b)(1) of the
Workforce Investment Act; of which $152,072,000 is available for the
period July 1, 1999 through June 30, 2002, including $1,500,000 under
authority of part B of title III of the Job Training Partnership Act for
use by The Organizing Committee for The 2001 Special Olympics World
Winter Games in Alaska to promote employment opportunities for
individuals with mental disabilities, and $150,572,000 for necessary
expenses of construction, rehabilitation, and acquisition of Job Corps
centers; and of which $125,000,000 shall be available from July 1, 1999
through September 30, 2000, for carrying out activities of the School-
to-Work Opportunities Act: Provided, That funds made available under
this heading to carry out the Job Training Partnership Act may be used
for transition to, and implementation of, the provisions of the
Workforce Investment Act of 1998: Provided further, That $57,815,000
shall be for carrying out section 401 of the Job Training Partnership
Act, $71,517,000 shall be for carrying out section 402 of such Act,
$7,300,000 shall be for carrying out section 441 of such Act, $9,000,000
shall be
[[Page 112 STAT. 2681-338]]
for all activities conducted by and through the National Occupational
Information Coordinating Committee under such Act, $955,000,000 shall be
for carrying out title II, part A of such Act, and $129,965,000 shall be
for carrying out title II, part C of such Act: Provided further, That
funding appropriated herein under authority of part B of title III of
the Job Training Partnership Act includes $5,000,000 for use by The
Organizing Committee for The 1999 Special Olympics World Summer Games to
promote employment opportunities for individuals with mental
disabilities: Provided further, That the National Occupational
Information Coordinating Committee is authorized, effective upon
enactment, to charge fees for publications, training and technical
assistance developed by the National Occupational Information
Coordinating Committee: Provided further, That revenues received from
publications and delivery of technical assistance and training,
notwithstanding 31 U.S.C. 3302, shall be credited to the National
Occupational Information Coordinating Committee program account and
shall be available to the National Occupational Information Coordinating
Committee without further appropriations, so long as such revenues are
used for authorized activities of the National Occupational Information
Coordinating Committee: 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 for title III of the Job
Training Partnership Act shall not be subject to the limitation
contained in subsection (b) of section 315 of such Act; that the waiver
described in section 315(a)(2) may be granted if a substate grantee
demonstrates to the Governor that such waiver is appropriate due to the
availability of low-cost retraining services, is necessary to facilitate
the provision of needs-related payments to accompany long-term training,
or is necessary to facilitate the provision of appropriate basic
readjustment services; and that funds provided for discretionary grants
under part B of such title III may be used to provide needs-related
payments to participants who, in lieu of meeting the enrollment
requirements under section 314(e) of such Act, are enrolled in training
by the end of the sixth week after grant funds have been awarded:
Provided further, That funds provided to carry out section 324 of such
Act may be used for demonstration projects that provide assistance to
new entrants in the workforce and incumbent workers: Provided further,
That service-delivery areas may transfer funding provided herein under
authority of title II, parts B and C of the Job Training Partnership Act
between the programs authorized by those titles of the Act, if the
transfer is approved by the Governor: Provided further, That service
delivery areas and substate areas may transfer up to 20 percent of the
funding provided herein under authority of title II, part A and title
III of the Job Training Partnership Act between the programs authorized
by those titles of the Act, if such transfer is approved by the
Governor: Provided further, That, notwithstanding any other provision of
law, any proceeds from the sale of Job Corps center facilities shall be
retained by the Secretary of Labor to carry out the Job Corps program:
Provided further, That notwithstanding any other provision of law, the
Secretary of Labor may waive any of the statutory or regulatory
requirements of titles I-III of the Job Training Partnership Act (except
for requirements relating to wage and labor standards, worker rights,
participation and protection, grievance procedures and judicial review,
nondiscrimination, allocation of
[[Page 112 STAT. 2681-339]]
funds to local areas, eligibility, review and approval of plans, the
establishment and functions of service delivery areas and private
industry councils, and the basic purposes of the Act), and any of the
statutory or regulatory requirements of sections 8-10 of the Wagner-
Peyser Act (except for requirements relating to the provision of
services to unemployment insurance claimants and veterans, and to
universal access to basic labor exchange services without cost to job
seekers), only for funds available for expenditure in program year 1999,
pursuant to a request submitted by a State which identifies the
statutory or regulatory requirements that are requested to be waived and
the goals which the State or local service delivery areas intend to
achieve, describes the actions that the State or local service delivery
areas have undertaken to remove State or local statutory or regulatory
barriers, describes the goals of the waiver and the expected
programmatic outcomes if the request is granted, describes the
individuals impacted by the waiver, and describes the process used to
monitor the progress in implementing a waiver, and for which notice and
an opportunity to comment on such request has been provided to the
organizations identified in section 105(a)(1) of the Job Training
Partnership Act, if and only to the extent that the Secretary determines
that such requirements impede the ability of the State to implement a
plan to improve the workforce development system and the State has
executed a Memorandum of Understanding with the Secretary requiring such
State to meet agreed upon outcomes and implement other appropriate
measures to ensure accountability.
Of the funds made available beginning on October 1, 1998 under this
heading in Public Law 105-78 for Opportunity Areas of Out-of-School
Youth, $250,000,000 are rescinded.
To carry out the activities for national grants or contracts with
public agencies and public or private nonprofit organizations under
paragraph (1)(A) of section 506(a) of title V of the Older Americans Act
of 1965, as amended, or to carry out older worker activities as
subsequently authorized, $343,356,000.
To carry out the activities for grants to States under paragraph (3)
of section 506(a) of title V of the Older Americans Act of 1965, as
amended, or to carry out older worker activities as subsequently
authorized, $96,844,000.
For payments during the current fiscal year of trade adjustment
benefit payments and allowances under part I; and for training,
allowances for job search and relocation, and related State
administrative expenses under part II, subchapters B and D, chapter 2,
title II of the Trade Act of 1974, as amended, $360,700,000, 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.
For authorized administrative expenses, $162,097,000, together with
not to exceed $3,132,076,000 (including not to exceed
[[Page 112 STAT. 2681-340]]
$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, section 461 of the Job Training Partnership Act, the Trade Act
of 1974, as amended, the Immigration Act of 1990, and the Immigration
and Nationality Act, as amended, and of which the sums available in the
allocation for activities authorized by title III of the Social Security
Act, as amended (42 U.S.C. 502-504), and the sums available in the
allocation for necessary administrative expenses for carrying out 5
U.S.C. 8501-8523, shall be available for obligation by the States
through December 31, 1999, except that funds used for automation
acquisitions shall be available for obligation by the States through
September 30, 2001; and of which $162,097,000, together with not to
exceed $746,138,000 of the amount which may be expended from said trust
fund, shall be available for obligation for the period July 1, 1999
through June 30, 2000, 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 $180,933,000 shall be available only to the
extent necessary for additional State allocations to administer
unemployment compensation laws to finance increases in the number of
unemployment insurance claims filed and claims paid or changes in a
State law: Provided, That to the extent that the Average Weekly Insured
Unemployment (AWIU) for fiscal year 1999 is projected by the Department
of Labor to exceed 2,629,000, an additional $28,600,000 shall be
available for obligation for every 100,000 increase in the AWIU level
(including a pro rata amount for any increment less than 100,000) from
the Employment Security Administration Account of the Unemployment Trust
Fund: Provided further, That funds appropriated in this Act which are
used to establish a national one-stop career center network may be
obligated in contracts, grants or agreements with non-State entities:
Provided further, That funds appropriated under this Act for activities
authorized under the Wagner-Peyser Act, as amended, and title III of the
Social Security Act, may be used by the States to fund integrated
Employment Service and Unemployment Insurance automation efforts,
notwithstanding cost allocation principles prescribed under Office of
Management and Budget Circular A-87.
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, as amended, and
to the Black Lung Disability Trust Fund as authorized by section
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for
nonrepayable advances to the Unemployment Trust Fund as authorized by
section 8509 of title 5, United States Code, and to the ``Federal
unemployment benefits and allowances'' account, to remain available
until September 30, 2000, $357,000,000.
In addition, for making repayable advances to the Black Lung
Disability Trust Fund in the current fiscal year after September
[[Page 112 STAT. 2681-341]]
15, 1999, for costs incurred by the Black Lung Disability Trust Fund in
the current fiscal year, such sums as may be necessary.
For expenses of administering employment and training programs,
$94,410,000, including $6,360,000 to support up to 75 full-time
equivalent staff, the majority of which will be term Federal
appointments lasting no more than two years, to administer welfare-to-
work grants, together with not to exceed $43,716,000, which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
Pension and Welfare Benefits Administration
For necessary expenses for the Pension and Welfare Benefits
Administration, $90,000,000.
Pension Benefit Guaranty Corporation
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, 1999, for such Corporation: Provided, That
not to exceed $10,958,000 shall be available for administrative expenses
of the Corporation: Provided further, That expenses of such Corporation
in connection with the termination of pension plans, for the
acquisition, protection or management, and investment of trust assets,
and for benefits administration services shall be considered as non-
administrative expenses for the purposes hereof, and excluded from the
above limitation.
Employment Standards Administration
For necessary expenses for the Employment Standards Administration,
including reimbursement to State, Federal, and local agencies and their
employees for inspection services rendered, $312,076,000, together with
$1,924,000 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 $1,000,000 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
[[Page 112 STAT. 2681-342]]
Department of Labor, all sums of money ordered to be paid to the
Secretary of Labor, in accordance with the terms of the Consent Judgment
in Civil Action No. 91-0027 of the United States District Court for the
District of the Northern Mariana Islands (May 21, 1992): Provided
further, That the Secretary of Labor is authorized to establish and, in
accordance with 31 U.S.C. 3302, collect and deposit in the Treasury fees
for processing applications and issuing certificates under sections
11(d) and 14 of the Fair Labor Standards Act of 1938, as amended (29
U.S.C. 211(d) and 214) and for processing applications and issuing
registrations under title I of the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1801 et seq.).
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 head ``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, $179,000,000 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, 1998, 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, 1999:
Provided further, That of those funds transferred to this account from
the fair share entities to pay the cost of administration, $20,250,000
shall be made available to the Secretary as follows: for the operation
of and enhancement to the automated data processing systems in support
of Federal Employees' Compensation Act administration, $11,969,000; for
expenditures relating to the expansion of the periodic roll management
project, $6,652,000; for the financial management improvement project,
$1,629,000; and the remaining funds shall be paid into the Treasury as
miscellaneous receipts: Provided further, That the Secretary may require
that any person filing a notice of injury or a claim for benefits under
chapter 81 of title 5, United States Code, or 33 U.S.C. 901 et seq.,
provide as part of such notice and claim, such identifying information
[[Page 112 STAT. 2681-343]]
(including Social Security account number) as such regulations may
prescribe.
For payments from the Black Lung Disability Trust Fund,
$1,021,000,000, of which $969,725,000 shall be available until September
30, 2000, for payment of all benefits as authorized by section 9501(d)
(1), (2), (4), and (7) of the Internal Revenue Code of 1954, as amended,
and interest on advances as authorized by section 9501(c)(2) of that
Act, and of which $30,191,000 shall be available for transfer to
Employment Standards Administration, Salaries and Expenses, $20,422,000
for transfer to Departmental Management, Salaries and Expenses, $306,000
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)(A) 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
For necessary expenses for the Occupational Safety and Health
Administration, $353,000,000, including not to exceed $80,084,000 which
shall be the maximum amount available for grants to States under section
23(g) of the Occupational Safety and Health Act, which grants shall be
no less than 50 percent of the costs of State occupational safety and
health programs required to be incurred under plans approved by the
Secretary under section 18 of the Occupational Safety and Health Act of
1970; and, in addition, notwithstanding <> 31
U.S.C. 3302, the Occupational Safety and Health Administration may
retain up to $750,000 per fiscal year of training institute course
tuition fees, otherwise authorized by law to be collected, and may
utilize such sums for occupational safety and health training and
education grants: Provided, That, notwithstanding 31 U.S.C. 3302, the
Secretary of Labor is authorized, during the fiscal year ending
September 30, 1999, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize such sums,
in accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that ensure
the safety of equipment and products used by workers in the workplace:
Provided further, That none of the funds appropriated under this
paragraph shall be obligated or expended to prescribe, issue,
administer, or enforce any standard, rule, regulation, or order under
the Occupational Safety and Health Act of 1970 which is applicable to
any person who is engaged in a farming operation which does not maintain
a temporary labor camp and employs ten 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
[[Page 112 STAT. 2681-344]]
Occupational Safety and Health Act of 1970 with respect to any employer
of ten or fewer employees who is included within a category having an
occupational injury lost workday case rate, at the most precise Standard
Industrial Classification Code for which such data are published, less
than the national average rate as such rates are most recently published
by the Secretary, acting through the Bureau of Labor Statistics, in
accordance with section 24 of that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;
(3) to take any action authorized by such Act with respect
to imminent dangers;
(4) to take any action authorized by such Act with respect
to health hazards;
(5) to take any action authorized by such Act with respect
to a report of an employment accident which is fatal to one or
more employees or which results in hospitalization of two or
more employees, and to take any action pursuant to such
investigation authorized by such Act; and
(6) to take any action authorized by such Act with respect
to complaints of discrimination against employees for exercising
rights under such Act: Provided further, That the foregoing
proviso shall not apply to any person who is engaged in a
farming operation which does not maintain a temporary labor camp
and employs ten or fewer employees.
Mine Safety and Health Administration
For necessary expenses for the Mine Safety and Health
Administration, $211,165,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles; and, in addition, not to
exceed $750,000 may be collected by the National Mine Health and Safety
Academy for room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available for mine
safety and health education and training activities, notwithstanding 31
U.S.C. 3302; <> the Secretary is authorized to
accept lands, buildings, equipment, and other contributions from public
and private sources and to prosecute projects in cooperation with other
agencies, Federal, State, or private; the Mine Safety and Health
Administration is authorized to promote health and safety education and
training in the mining community through cooperative programs with
States, industry, and safety associations; and any funds available to
the Department may be used, with the approval of the Secretary, to
provide for the costs of mine rescue and survival operations in the
event of a major disaster: Provided, That none of the funds appropriated
under this paragraph shall be obligated or expended to carry out section
115 of the Federal Mine Safety and Health Act of 1977 or to carry out
that portion of section 104(g)(1) of such Act relating to the
enforcement
[[Page 112 STAT. 2681-345]]
of any training requirements, with respect to shell dredging, or with
respect to any sand, gravel, surface stone, surface clay, colloidal
phosphate, or surface limestone mine: Provided further, That the Mine
Safety and Health Administration may obligate or expend funds to
promulgate final training regulations that are designed for the above
named industries by no later than September 30, 1999.
Bureau of Labor Statistics
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, $344,724,000, of which
$11,159,000 shall be for expenses of revising the Consumer Price Index
and shall remain available until September 30, 2000, together with not
to exceed $54,146,000, which may be expended from the Employment
Security Administration account in the Unemployment Trust Fund.
Departmental Management
For necessary expenses for Departmental Management, including the
hire of three sedans, and including up to $6,750,000 for the President's
Committee on Employment of People With Disabilities, and including
$500,000 to fund the activities of the Twenty-First Century Workforce
Commission authorized by section 334 of the Workforce Investment Act of
1998, $190,832,000; together with not to exceed $299,000, which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, <> That no funds made
available by this Act may be used by the Solicitor of Labor to
participate in a review in any United States court of appeals of any
decision made by the Benefits Review Board under section 21 of the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921) where
such participation is precluded by the decision of the United States
Supreme Court in Director, Office of Workers' Compensation Programs v.
Newport News Shipbuilding, 115 S. Ct. 1278 (1995), notwithstanding any
provisions to the contrary contained in Rule 15 of the Federal Rules of
Appellate Procedure: Provided further, That no funds made available by
this Act may be used by the Secretary of Labor to review a decision
under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901
et seq.) that has been appealed and that has been pending before the
Benefits Review Board for more than 12 months: Provided further, That
any such decision pending a review by the Benefits Review Board for more
than one year shall be considered affirmed by the Benefits Review Board
on the one-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.).
[[Page 112 STAT. 2681-346]]
Not to exceed $182,719,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of 38 U.S.C. 4100-4110A, 4212, 4214 and 4321-4327,
and Public Law 103-353, and which shall be available for obligation by
the States through December 31, 1999.
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $43,852,000, together with not to exceed $3,648,000, which may
be expended from the Employment Security Administration account in the
Unemployment Trust Fund.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in this title for the Job
Corps shall be used to pay the compensation of an individual, either as
direct costs or any proration as an indirect cost, at a rate in excess
of Executive Level III.
Sec. 102. Reversion of Unallotted Formula Funds Under Welfare-to-
Work. Section 403(a)(5)(A) of the Social Security Act is amended by
adding the following clause: <>
``(ix) Reversion of unallotted formula
funds.--If at the end of any fiscal year any funds
available under this subparagraph have not been
allotted due to a determination by the Secretary
that any State has not met the requirements of
clause (ii), such funds shall be transferred to
the General Fund of the Treasury of the United
States.''.
Sec. 103. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as
amended) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between
appropriations, but no such appropriation shall be increased by more
than 3 percent by any such transfer: Provided, That the Appropriations
Committees of both Houses of Congress are notified at least fifteen days
in advance of any transfer.
Sec. 104. Funds shall be available for carrying out title IV-B of
the Job Training Partnership Act, notwithstanding section 427(c) of that
Act, if a Job Corps center fails to meet national performance standards
established by the Secretary.
This title may be cited as the ``Department of Labor Appropriations
Act, 1999''.
[[Page 112 STAT. 2681-347]]
TITLE <> II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
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, $4,108,040,000,
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 $65,345,000
shall be available for the construction and renovation of health care
and other facilities, and of which $25,000,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program under section 1820 of such Act: Provided, That the
Division of Federal Occupational Health may utilize personal services
contracting to employ professional management/administrative and
occupational health professionals: Provided further, That of the funds
made available under this heading, $250,000 shall be available until
expended for facilities renovations at the Gillis W. Long Hansen's
Disease Center: Provided further, That in addition to fees authorized by
section 427(b) of the Health Care Quality Improvement Act of 1986, fees
shall be collected for the full disclosure of information under the Act
sufficient to recover the full costs of operating the National
Practitioner Data Bank, and shall remain available until expended to
carry out that Act: Provided further, That no more than $5,000,000 is
available for carrying out the provisions of Public Law 104-73: Provided
further, That of the funds made available under this heading,
$215,000,000 shall be for the program under title X of the Public Health
Service Act to provide for voluntary family planning projects: Provided
further, That amounts provided to said projects under such title shall
not be expended for abortions, that all pregnancy counseling shall be
nondirective, and that such amounts shall not be expended for any
activity (including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office: Provided further,
That $461,000,000 shall be for State AIDS Drug Assistance Programs
authorized by section 2616 of the Public Health Service Act: Provided
further, That notwithstanding any other provision of law, funds made
available under this heading may be used to continue operating the
Council on Graduate Medical Education established by section 301 of
Public Law 102-408: Provided further, That, notwithstanding section
502(a)(1) of the Social Security Act, not to exceed $107,434,000 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, $2,000,000 shall be for support of
the Center for Sustainable Health Outreach at the University of Southern
Mississippi in affiliation with Harrison Institute at Georgetown
University for the establishment of demonstration programs that create
model health access programs, health-related jobs and
[[Page 112 STAT. 2681-348]]
sustainability of community-based providers of health services in rural
and urban communities; and $1,250,000 shall be for the American
Federation for Negro Affairs Education and Research Fund.
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.
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.
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.
vaccine injury compensation
For payment of claims resolved by the United States Court of
Federal Claims related to the administration of vaccines before October
1, 1988, $100,000,000, to remain available until expended.
Centers for Disease Control and Prevention
To carry out titles II, III, VII, XI, XV, XVII, XIX and XXVI of the
Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 301,
and 501 of the Federal Mine Safety and Health Act of 1977, sections 20,
21 and 22 of the Occupational Safety and Health Act of 1970, title IV of
the Immigration and Nationality Act and section 501 of the Refugee
Education Assistance Act of 1980; including insurance of official motor
vehicles in foreign countries; and hire, maintenance, and operation of
aircraft, $2,558,520,000, of which $17,800,000 shall remain available
until expended for equipment and construction and renovation of
facilities, and in addition, such sums as may be derived from authorized
user fees, which shall be credited to this account: Provided, That in
addition to amounts provided herein, up to $67,793,000 shall
[[Page 112 STAT. 2681-349]]
be available from amounts available under section 241 of the Public
Health Service Act, to carry out the National Center for Health
Statistics surveys: Provided further, That none of the funds made
available for injury prevention and control at the Centers for Disease
Control and Prevention may be used to advocate or promote gun control:
Provided further, That the Director may redirect the total amount made
available under authority of Public Law 101-502, section 3, dated
November 3, 1990, to activities the Director may so designate: Provided
further, That the Congress is to be notified promptly of any such
transfer: Provided further, That notwithstanding any other provison 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
hereinafter obligations may be incurred related to agreement with
private entities without receipt of advance payment.
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
For carrying out section 301 and title IV of the Public Health
Service Act with respect to cancer, $2,927,187,000.
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, $1,793,697,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to dental disease, $234,338,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to diabetes and digestive and kidney disease,
$994,218,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to neurological disorders and stroke,
$903,278,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to allergy and infectious diseases,
$1,570,102,000.
[[Page 112 STAT. 2681-350]]
For carrying out section 301 and title IV of the Public Health
Service Act with respect to general medical sciences, $1,197,825,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to child health and human development,
$750,982,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to eye diseases and visual disorders,
$395,857,000.
For carrying out sections 301 and 311 and title IV of the Public
Health Service Act with respect to environmental health sciences,
$375,743,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to aging, $596,521,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to arthritis and musculoskeletal and skin
diseases, $308,164,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to deafness and other communication disorders,
$229,887,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to nursing research, $69,834,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to alcohol abuse and alcoholism, $259,747,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to drug abuse, $603,274,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to mental health, $861,208,000.
[[Page 112 STAT. 2681-351]]
For carrying out section 301 and title IV of the Public Health
Service Act with respect to human genome research, $264,892,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to research resources and general research
support grants, $554,819,000: 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 $30,000,000 shall be for extramural facilities
construction grants.
For carrying out the activities at the John E. Fogarty International
Center, $35,426,000.
For carrying out section 301 and title IV of the Public Health
Service Act with respect to health information communications,
$181,309,000, of which $4,000,000 shall be available until expended for
improvement of information systems: Provided, That in fiscal year 1999,
the Library may enter into personal services contracts for the provision
of services in facilities owned, operated, or constructed under the
jurisdiction of the National Institutes of Health.
For carrying out the responsibilities of the Office of the Director,
National Institutes of Health, $306,559,000, of which $43,493,000 shall
be for the Office of AIDS Research: Provided, That funding shall be
available for the purchase of not to exceed twenty-nine 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 NIH is authorized to collect third party payments
for the cost of clinical services that are incurred in National
Institutes of Health research facilities and that such payments shall be
credited to the National Institutes of Health Management Fund: Provided
further, That all funds credited to the NIH 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 National Foundation for Biomedical Research
may be transferred to the National Institutes of Health: Provided
further, That $50,000,000 shall be available to carry out section 404E
of the Public Health Service Act.
[[Page 112 STAT. 2681-352]]
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, $237,519,000, to remain available
until expended, of which $90,000,000 of the fiscal year 1999 funds shall
be for the clinical research center and $40,000,000 shall become
available on October 1, 1999 and $9,143,000 shall be for the Vaccine
Facility: Provided, That notwithstanding any other provision of law, a
single contract or related contracts for the development and
construction of the clinical research center 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.
Substance Abuse and Mental Health Services Administration
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, $2,488,005,000: Provided, That of the amount provided,
$300,000 shall be for the Philadelphia City-wide Improvement and
Planning Agency.
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
for medical care of dependents and retired personnel under the
Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments
pursuant to section 229(b) of the Social Security Act (42 U.S.C.
429(b)), such amounts as may be required during the current fiscal year.
Agency for 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, $100,408,000; 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 $70,647,000.
[[Page 112 STAT. 2681-353]]
Health Care Financing Administration
For carrying out, except as otherwise provided, titles XI and XIX of
the Social Security Act, $74,593,733,000, to remain available until
expended.
For making, after May 31, 1999, payments to States under title XIX
of the Social Security Act for the last quarter of fiscal year 1999 for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments to States under title XIX of the Social Security
Act for the first quarter of fiscal year 2000, $28,733,605,000, 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.
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, $62,953,000,000.
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 $1,946,500,000 to be transferred from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds, as authorized by section 201(g) of the Social
Security Act; together with all funds collected in accordance with
section 353 of the Public Health Service Act and such sums as may be
collected from authorized user fees and the sale of data, which shall
remain available until expended, and together with administrative fees
collected relative to Medicare overpayment recovery activities, which
shall remain available until expended: Provided, That all funds derived
in accordance with 31 U.S.C. 9701 from organizations established under
title XIII of the Public Health Service Act shall be credited to and
available for carrying out the purposes of this appropriation: Provided
further, That $1,000,000 shall be for carrying out section 4021 of
Public Law 105-33: Provided further, That $45,000,000 appropriated under
this heading for the transition to a single Part A and Part B processing
system and for Year 2000 century date change conversion requirements of
external contractor systems shall remain available until expended:
Provided further, That $2,000,000 of the amount available for research,
demonstration, and evaluation activities shall be available to continue
carrying out demonstration projects on Medicaid coverage of community-
based attendant care services for people with disabilities which ensures
maximum control by the consumer to select and manage their attendant
care services:
[[Page 112 STAT. 2681-354]]
Provided further, That funds appropriated under this heading may be
obligated to increase Medicare provider audits and implement the
Department's corrective action plan to the Chief Financial Officer's
audit of the Health Care Financing Administration's oversight of
Medicare: Provided further, That the Secretary of Health and Human
Services is directed to collect, in aggregate, $95,000,000 in fees in
fiscal year 1999 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.
For carrying out subsections (d) and (e) of section 1308 of the
Public Health Service Act, any amounts received by the Secretary in
connection with loans and loan guarantees under title XIII of the Public
Health Service Act, to be available without fiscal year limitation for
the payment of outstanding obligations. During fiscal year 1999, no
commitments for direct loans or loan guarantees shall be made.
Administration for Children and Families
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), to remain available until
expended, $1,989,000,000; and for such purposes for the first quarter of
fiscal year 2000, $750,000,000.
For making payments to each State for carrying out the program of
Aid to Families with Dependent Children under title IV-A of the Social
Security Act before the effective date of the program of Temporary
Assistance to Needy Families (TANF) with respect to such State, such
sums as may be necessary: Provided, That the sum of the amounts
available to a State with respect to expenditures under such title IV-A
in fiscal year 1997 under this appropriation and under such title IV-A
as amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations under
section 116(b) of such Act.
For making, after May 31 of the current fiscal year, payments to
States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
and XVI of the Social Security Act and the Act of July 5, 1960 (24
U.S.C. ch. 9), for the last three months of the current year for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,100,000,000, to be available for
obligation in the period October 1, 1999 through September 30, 2000.
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 Deficit Emergency Control Act of 1985: Provided further, That
these funds shall be made
[[Page 112 STAT. 2681-355]]
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.
For making payments for refugee and entrant assistance activities
authorized by title IV of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980 (Public Law
96-422), $415,000,000: Provided, That funds appropriated pursuant to
section 414(a) of the Immigration and Nationality Act under Public Law
104-208 for fiscal year 1997 shall be available for the costs of
assistance provided and other activities conducted in such year and in
fiscal years 1998 and 1999.
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, 1999 and remain
available through September 30, 2000, $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 1999 under Public Law 105-78, $50,000,000 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 States under such section 658G:
Provided further, That of the funds provided for fiscal year 2000
$222,672,000 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 such
section 658G: Provided further, That of the funds provided for fiscal
year 2000, $10,000,000 shall be for use by the Secretary for child care
research, demonstration and evaluation activities (directly or by grants
or contracts).
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,909,000,000: Provided, That (1) notwithstanding section
2003(c) of such Act, as amended, the amount specified for allocation
under such section for fiscal year 1999 shall be $1,909,000,000 and (2)
notwithstanding subparagraph (B) of section 404(d)(2) of such Act, the
applicable percent specified under such subparagraph for a State to
carry out State programs pursuant to title XX of such Act for fiscal
years 1999 and 2000 shall be 10 percent.
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Developmental Disabilities Assistance
[[Page 112 STAT. 2681-356]]
and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention
and Treatment Act (including section 105(a)(2) of the Child Abuse
Prevention and Treatment Act), the Native American Programs Act of 1974,
title II of Public Law 95-266 (adoption opportunities), the Adoption and
Safe Families Act of 1997 (Public Law 105-89), the Abandoned Infants
Assistance Act of 1988, part B(1) of title IV and sections 413, 429A,
1110, and 1115 of the Social Security Act; for making payments under the
Community Services Block Grant Act; 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, sections 40155, 40211 and 40241 of Public Law
103-322 and section 126 and titles IV and V of Public Law 100-485,
$6,032,087,000, of which $10,000,000 shall be used to establish
Individual Development Accounts, for the purpose of encouraging low-
income families and individuals to acquire productive assets, contingent
upon enactment of authorizing legislation, and of which $20,000,000, to
remain available until September 30, 2000, 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 $563,565,000
shall be for making payments under the Community Services Block Grant
Act; and of which $4,660,000,000 shall be for making payments under the
Head Start Act: Provided, That, notwithstanding section 640(a)(6), of
the funds made available for the Head Start Act, $337,500,000 shall be
set aside for the Head Start Program for Families with Infants and
Toddlers (Early Head Start): Provided further, That to the extent
Community Services Block Grant funds are distributed as grant funds by a
State to an eligible entity as provided under the Act, and have not been
expended by such entity, they shall remain with such entity for
carryover into the next fiscal year for expenditure by such entity
consistent with program purposes.
In addition, $105,000,000, 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 1999 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 1999 under section 413(h)(1) of
the Social Security Act shall be reduced by $15,000,000.
For carrying out section 430 of the Social Security Act,
$275,000,000.
For making payments to States or other non-Federal entities under
title IV-E of the Social Security Act, $3,764,000,000.
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 2000, $1,355,000,000.
[[Page 112 STAT. 2681-357]]
Administration on Aging
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965, as amended, and sections 339A, 398, and 399 of
the Public Health Service Act, $882,020,000: Provided, That
notwithstanding section 308(b)(1) of the Older Americans Act of 1965, as
amended, the amounts available to each State for administration of the
State plan under title III of such Act shall be reduced not more than 5
percent below the amount that was available to such State for such
purpose for fiscal year 1995: Provided further, That in considering
grant applications for nutrition services for elder Indian recipients,
the Assistant Secretary shall provide maximum flexibility to applicants
who seek to take into account subsistence, local customs, and other
characteristics that are appropriate to the unique cultural, regional,
and geographic needs of the American Indian, Alaska and Hawaiian Native
communities to be served.
Office of the Secretary
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, $180,051,000,
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 of the funds made available under this heading for
carrying out title XVII of the Public Health Service Act, $1,000,000
shall be available until expended for extramural construction: Provided
further, That $890,000 shall be for a contract with the National Academy
of Sciences to conduct a study of all the available scientific
literature examining the cause-and-effect relationship between
repetitive tasks in the workplace and musculoskeletal disorders:
Provided further, That said contract shall be awarded not later than
January 1, 1999.
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $29,000,000.
For expenses necessary for the Office for Civil Rights, $17,345,000,
together with not to exceed $3,314,000, to be transferred and expended
as authorized by section 201(g)(1) of the Social Security Act from the
Hospital Insurance Trust Fund and the Supplemental Medical Insurance
Trust Fund.
[[Page 112 STAT. 2681-358]]
For carrying out, to the extent not otherwise provided, research
studies under section 1110 of the Social Security Act, $14,000,000.
For expenses necessary to support activities related to countering
potential biological, disease and chemical threats to civilian
populations, $216,922,000: Provided, That the entire amount is 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, as amended: Provided further, That the entire amount shall be
available only to the extent that an official budget request for
$216,922,000, 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 of the amount
provided under this heading, $51,000,000, to remain available until
expended, shall be for pharmaceutical and vaccine stockpiling activities
at the Centers for Disease Control and Prevention; and $3,000,000 shall
be for the renovation and modernization of the Noble Army Hospital
facility at Fort McClellan, Alabama; and $322,000 shall be in payment to
the health department of Calhoun County, Michigan: Provided further,
That no funds shall be obligated until the Department of Health and
Human Services submits an operating plan to the House and Senate
Committees on Appropriations.
GENERAL PROVISIONS
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $37,000 for official reception and representation expenses
when specifically approved by the Secretary.
Sec. 202. The Secretary shall make available through assignment not
more than 60 employees of the Public Health Service to assist in child
survival activities and to work in AIDS programs through and with funds
provided by the Agency for International Development, the United Nations
International Children's Emergency Fund or the World Health
Organization.
Sec. 203. None of the funds appropriated under this Act may be used
to implement section 399L(b) of the Public Health Service Act or section
1503 of the National Institutes of Health Revitalization Act of 1993,
Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for the
National Institutes of Health and the Substance Abuse and Mental Health
Services Administration shall be used to pay the salary of an
individual, through a grant or other extramural mechanism, at a rate in
excess of Executive Level III.
Sec. 205. None of the funds appropriated in this Act may be expended
pursuant to section 241 of the Public Health Service Act, except for
funds specifically provided for in this Act, or for other taps and
assessments made by any office located in the Department of Health and
Human Services, prior to the Secretary's preparation and submission of a
report to the Committee on Appropriations of the Senate and of the House
detailing the planned uses of such funds.
[[Page 112 STAT. 2681-359]]
<> Sec. 206. None of
the funds appropriated in this Act or subsequent Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Acts, may be obligated or expended for the Federal
Council on Aging under the Older Americans Act or the Advisory Board on
Child Abuse and Neglect under the Child Abuse Prevention and Treatment
Act.
Sec. 207. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act, 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 fifteen days in advance of any transfer.
Sec. 208. The Director of the National Institutes of Health, jointly
with the Director of the Office of AIDS Research, may transfer up to 3
percent among institutes, centers, and divisions from the total amounts
identified by these two Directors as funding for research pertaining to
the human immunodeficiency virus: Provided, That the Congress is
promptly notified of the transfer.
Sec. 209. 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 NIH 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. 210. <> Funds appropriated in this Act
or subsequent Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Acts, for the National
Institutes of Health may be used to provide transit subsidies in amounts
consistent with the transportation subsidy programs authorized under
section 629 of Public Law 101-509 to non-FTE bearing positions including
trainees, visiting fellows and volunteers.
Sec. 211. 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. 212. Subsection (b)(1)(H) of section 401 of the Public Health
Service Act (42 U.S.C. 281 (b)(1)(H)) is amended by striking ``National
Institute of Dental Research'' and inserting ``National Institute of
Dental and Craniofacial Research''.
Sec. 213. (a) The final rule entitled ``Organ Procurement and
Transplantation Network'', promulgated by the Secretary of Health and
Human Services on April 2, 1998 (63 FR 16295 et seq.) (relating to part
121 of title 42, Code of Federal Regulations), shall not become
effective before the expiration of the 1-year period beginning on the
date of the enactment of this Act.
(b)(1) The Institute of Medicine under contract with and subject to
review by the Comptroller General, in consultation with the
[[Page 112 STAT. 2681-360]]
Secretary and with the Organ Procurement and Transplantation Network (in
this section referred to as the ``OPTN''), shall conduct a review of the
current polices of the OPTN and the final rule specified in subsection
(a) in order to determine the following:
(A) The potential impact on access to transplantation
services for low-income populations and for racial and ethnic
minority groups. With respect to State policies in carrying out
the program under title XIX of the Social Security Act, the
determination made under this subparagraph shall include
determining the impact of such policies regarding payment for
services for patients that are provided to the patients outside
of the States in which the patients reside.
(B) With respect to organ procurement organizations
(qualified under section 371 of the Public Health Service Act):
(i) The potential impact on the ability of the
organizations to facilitate an appropriate rate of organ
donation within the service areas of the organizations.
(ii) The reasons underlying the variations in
performance among such organizations.
(iii) The potential impact of requiring sharing of
organs based on medical criteria instead of geography on
the ability of the organizations to facilitate an
appropriate rate of organ donation within the service
areas of the organizations.
(C) The potential impact on waiting times for organ
transplants, including determinations specific to the various
geographic regions of the United States, and if practicable,
waiting times for each transplant center by organ and medical
status category. The determination made under this subparagraph
shall include determining the impact of recent changes made by
the OPTN in patient listing criteria and in measures of medical
status.
(D) The potential impact on patient survival rates and organ
failure rates which lead to retransplantation, including any
variance by income status, ethnicity, gender, race, or blood
type.
(E) The potential impact on the costs of organ
transplantation services.
(F) The potential impact on the liability, under State laws
and procedures regarding peer review, of members of the OPTN.
(G) The potential impact on the confidential status of
information that relates to the transplantation of organs.
(H) Recommendations, if any, to change existing policies and
the final rule.
(2)(A) Not later than May 1, 1999, the Comptroller General of the
United States shall submit to the congressional committees specified in
subparagraph (B) a report describing the results of the review conducted
under paragraph (1).
(B) The congressional committees referred to in subparagraph (A) are
the Committee on Commerce of the House of Representatives, the Committee
on Appropriations of the House, the Committee on Labor and Human
Resources of the Senate, and the Committee on Appropriations of the
Senate.
(c)(1) Beginning promptly after the date of the enactment of this
Act, the Secretary may conduct a series of discussions with the OPTN in
order to resolve issues raised by the final rule referred to in
subsection (a).
[[Page 112 STAT. 2681-361]]
(2) The Secretary and the OPTN may utilize the services of a
mediator in conducting the discussions under paragraph (1). An
individual may not be selected to serve as the mediator unless the
Secretary and the OPTN both approve the selection of the individual to
so serve, and the individual agrees that, not later than June 30, 1999,
the individual will submit to the congressional committees specified in
subsection (b)(2)(B) a report describing the extent of progress that has
been made through the discussions under paragraph (1).
(d)(1) Beginning on the date of enactment of this Act, the OPTN
shall provide to the Secretary, the Institutes of Medicine, and the
Comptroller General, upon request, any data necessary to assess the
effectiveness of the Nation's organ donation, procurement and organ
allocation systems, or to assess the quality of care provided to all
transplant patients, and analysis of such data in a scientifically and
clinically valid manner. If necessary, the OPTN may provide additional
data as they deem appropriate.
(2) The OPTN shall make available to the public timely and accurate
program-specific information on the performance of transplant programs.
These data shall be updated as frequently as possible, and the OPTN
shall work to shorten the time period for data collection and analysis
in producing its center-specific outcomes report, including severity
adjusted long term survival rates. Such data shall also include such
other cost or performance information including but not limited to
transplant program-specific information on waiting time within medical
status, organ waitings, and refusal of organ offers.
(e) Data provided under subsection (d) shall be specific (if
possible) to individual transplant centers and must be determined in a
scientifically and clinically valid manner.
(f) Any disclosure of patient specific medical information under
subsection (d) shall be subject to the restrictions contained in the
Freedom of Information Act, the Privacy Act, and State laws.
(g) Of the amount appropriated in this title for ``Office of the
Secretary-general departmental management'', $500,000 shall, not later
than 30 days after the date of the enactment of this Act, be transferred
to the Comptroller General for purposes of carrying out the studies
required and specified in this section.
(h) For purposes of this section:
(1) The term ``Comptroller General'' means the Comptroller
General of the United States.
(2) The term ``Organ Procurement and Transplantation
Network'' means the network operated under section 372 of the
Public Health Service Act.
(3) The term ``Secretary'' means the Secretary of Health and
Human Services.
Sec. 214. (a) Section 2003(c) of the Social Security Act (42 U.S.C.
1397b(c)) is amended by striking paragraph (8) and inserting the
following:
``(8) $2,299,000,000 for the fiscal year 1998;''.
(b) <> The amendment made
by this section takes effect immediately after the amendments made by
section 8401 of the Transportation Equity Act for the 21st Century take
effect.
Sec. 215. The Consolidated Laboratory Building (Building 50) at the
National Institutes of Health is hereby named the Louis Stokes
Laboratories.
[[Page 112 STAT. 2681-362]]
Sec. 216. 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. 217. The Vaccine Research Facility (Building 40) at the
National Institutes of Health is hereby named the Dale and Betty Bumpers
Vaccine Research Facility.
Sec. 218. (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.--
``(1) In general.--With respect to fiscal year 1999, 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.--
``(1) In general.--With respect to fiscal year 1999, the
amount of the allotment of a State under section 1921 shall not
be less than the amount the State received under section 1921
for fiscal year 1998 increased by 30.65 percent of the
percentage by which the amount allotted to the States for fiscal
year 1999 exceeds the amount allotted to the States for fiscal
year 1998.
``(2) Limitation.--
``(A) In general.--Except as provided in
subparagraph (B), a State shall not receive an allotment
under section 1921 for fiscal year 1999 in an amount
that is less than an amount equal to 0.375 percent of
the amount appropriated under section 1935(a) for such
fiscal year.
``(B) Exception.--In applying subparagraph (A), the
Secretary shall ensure that no State receives an
increase in its allotment under section 1921 for fiscal
year 1999 (as compared to the amount allotted to the
State in the fiscal year 1998) that is in excess of an
amount equal to 300 percent of the percentage by which
the amount appropriated under section 1935(a) for fiscal
year 1999 exceeds the amount appropriated for the prior
fiscal year.
``(3) Only for the purposes of calculating minimum
allotments under this subsection, any reference to the amount
appropriated under section 1935(a) for fiscal year 1998,
allotments to States under section 21 and any references to
amounts received by States in fiscal year 1998 shall include
amounts appropriated or received under the amendments made by
[[Page 112 STAT. 2681-363]]
section 105 of the Contract with America Advancement Act of 1996
(Public Law 104-121).''.
<> (c) Effective Date.--
(1) In general.--The amendments made by subsections (a) and
(b) shall become effective as if enacted on October 1, 1998 and
shall only apply during fiscal year 1999.
(2) Application.--Upon the expiration of the fiscal year
described in paragraph (1), the provisions of sections 1918(b)
and 1933(b) of the Public Health Service Act (42 U.S.C. 300x-
7(b) and 300x-33(b)), as in effect on September 30, 1998, shall
be applied as if the amendments made by this section had not
been enacted.
Sec. 219. Notwithstanding any other provision of law, no provider
of services under title X of the Public Health Service Act shall be
exempt from any State law requiring notification or the reporting of
child abuse, child molestation, sexual abuse, rape, or incest.
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 1999''.
<> TITLE III--DEPARTMENT OF EDUCATION
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 and parts B, C, and D of title
III of the Elementary and Secondary Education Act of 1965,
$1,314,100,000, of which $491,000,000 for the Goals 2000: Educate
America Act and $125,000,000 for the School-to-Work Opportunities Act
shall become available on July 1, 1999 and remain available through
September 30, 2000, and of which $87,000,000 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 Act shall not
apply: Provided further, That up to one-half of 1 percent of the amount
available under section 3132 shall be set aside for the outlying areas,
to be distributed on the basis of their relative need as determined by
the Secretary in accordance with the purposes of the program: Provided
further, That if any State educational agency does not apply for a grant
under section 3132, that State's allotment under section 3131 shall be
reserved by the Secretary for grants to local educational agencies in
that State that apply directly to the Secretary according to the terms
and conditions published by the Secretary in the Federal Register:
Provided further, That $22,000,000 of the funds made available under
section 3136 shall be for a competition consistent with the subjects
outlined in the House and Senate reports and the statement of the
managers, and that such competition should be administered in a manner
consistent with the authorizing legislation and current departmental
practices and policies: Provided further, That $9,850,000 of the funds
made available for star schools shall be for a competition consistent
with the language outlined in the House and Senate reports and the
statement of the managers, and that such competition should be
administered in a manner
[[Page 112 STAT. 2681-364]]
consistent with current departmental practices and policies: Provided
further, That $8,000,000 shall be awarded to continue and expand the
Iowa Communications Network statewide fiber optic demonstration project,
and $800,000 shall be awarded to the School of Agriculture and Land
Resources Management at the University of Alaska, Fairbanks to enhance
distance delivery of natural resources management courses; $350,000
shall be for multi-media classrooms for the rural education technology
center at the Western Montana College in Dillon, Montana: Provided
further, That of the funds made available for section 3136, $2,500,000
shall be to establish the RUNet 2000 project at Rutgers, The State
University of New Jersey; $500,000 shall be for state-of-the-art
information technology systems at Mansfield University, Mansfield,
Pennsylvania; $1,000,000 shall be for professional development for
technology training at the Krell Institute, Ames, Iowa; $850,000 shall
be for Internet-based curriculum at the State of Alaska, Department of
Education; $2,000,000 shall be for ``Magnet E-School'' technology
training and curriculum initiative at the Hawaii Department of
Education; $600,000 shall be for technology in the classroom pilot
program for the Green Bay Public School System, Green Bay, Wisconsin;
$250,000 shall be for the ``Passport to Chicago Community Network''
technology training project; $1,200,000 for LEARN North Carolina and the
University of North Carolina at Chapel Hill; and $1,500,000 for the Iowa
Department of Education for community college grants to low-income
schools for technology.
For carrying out title I of the Elementary and Secondary Education
Act of 1965, and section 418A of the Higher Education Act,
$8,370,520,000, of which $2,198,134,000 shall become available on July
1, 1999, and shall remain available through September 30, 2000, and of
which $6,148,386,000 shall become available on October 1, 1999 and shall
remain available through September 30, 2000, for academic year 1999-
2000: Provided, That $6,574,000,000 shall be available for basic grants
under section 1124: Provided further, That up to $3,500,000 of these
funds shall be available to the Secretary on October 1, 1998, to obtain
updated local-educational-agency-level census poverty data from the
Bureau of the Census: Provided further, That $1,102,020,000 shall be
available for concentration grants under section 1124A, $7,500,000 shall
be available for evaluations under section 1501 and not more than
$8,500,000 shall be reserved for section 1308, of which not more than
$3,000,000 shall be reserved for section 1308(d): Provided further, That
grant awards under section 1124 and 1124A of title I of the Elementary
and Secondary Education Act shall be made to each State or 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 1998: Provided further, That $120,000,000 shall be available under
section 1002(g)(2) to demonstrate effective approaches to comprehensive
school reform to be allocated and expended in accordance with the
instructions relating to this activity in the statement of the managers
on the conference report accompanying Public Law 105-78 and in the
statement of the managers on the conference report accompanying this
Act: Provided further, That in carrying out this initiative, the
Secretary and the States shall support only approaches that show the
most promise of enabling children served by title I to
[[Page 112 STAT. 2681-365]]
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 no funds appropriated under section
1002(g)(2) shall be available for section 1503.
For carrying out programs of financial assistance to federally
affected schools authorized by title VIII of the Elementary and
Secondary Education Act of 1965, $864,000,000, of which $704,000,000
shall be for basic support payments under section 8003(b), $50,000,000
shall be for payments for children with disabilities under section
8003(d), $70,000,000, to remain available until expended, shall be for
payments under section 8003(f), $7,000,000 shall be for construction
under section 8007, and $28,000,000 shall be for Federal property
payments under section 8002 and $5,000,000 to remain available until
expended shall be for facilities maintenance under section 8008:
Provided, That Section 8002(f) of the Elementary and Secondary Education
Act of 1965 <> is amended--
(1) by inserting ``(1)'' after the subsection heading; and
(2) by adding a new paragraph (2) at the end to read as
follows:
``(2) For each fiscal year beginning with fiscal year 1999,
the Secretary shall treat the Webster School District, Day
County, South Dakota as meeting the eligibility requirements of
subsection (a)(1)(C) of this section.'':
Provided further, That Section 8002 of the Elementary and Secondary
Education Act of 1965 is amended by adding at the end thereof a new
subsection (k) to read as follows:
``(k) Special Rule.--For purposes of payments under this section for
each fiscal year beginning with fiscal year 1998--
``(1) the Secretary shall, for the Stanley County, South
Dakota local educational agency, calculate payments as if
subsection (e) had been in effect for fiscal year 1994; and
``(2) the Secretary shall treat the Delaware Valley,
Pennsylvania local educational agency as if it had filed a
timely application under section 2 of Public Law 81-874 for
fiscal year 1994.'':
Provided further, That (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 1999, the
Secretary of Education shall distribute supplemental payments for
certain local educational agencies, as follows:
(1) First, from the amount of $68,000,000, the Secretary
shall make supplemental payments to the following agencies under
section 8003(b) of the ESEA:
(A) Local educational agencies that received
assistance under section 8003(f) for fiscal year 1998.
(B) Local educational agencies with Impact Aid
applicant numbers 20-0019, 51-0504, 51-2801, 51-1903,
51-0010, 51-4203, 51-2101, 51-0811, and 51-0904.
(C) Any eligible local educational agency with at
least 25,000 children in average daily attendance, at
least 55 percent federally connected children described
in section 8003(a)(1) in average daily attendance, and
at least 6,500 children described in sections
8003(a)(1)(A) and (B) in average daily attendance.
[[Page 112 STAT. 2681-366]]
(2) From the remaining $2,000,000 and any amounts available
after making payments under paragraph (1), the Secretary shall
then make supplemental payments to local educational agencies
that are not described in paragraph (1) of this subsection, but
that meet the requirements of paragraphs (2) and (4) of section
8003(f) of the ESEA for fiscal year 1999, except that such
agencies may count for purposes of eligibility for these
supplemental payments, all students described in section
8003(a)(1).
(3) After making payments under section 8003(f) to all
eligible applicants for fiscal years before fiscal year 1999,
the Secretary shall use the combined amount of any funds
remaining available under that subsection, and any amounts that
may remain for fiscal year 1999 after making payments under
paragraphs (1) and (2) of this subsection, to make the following
payments:
(A) First, an amount not to exceed $3,000,000 to
Impact Aid applicant number 20-0019.
(B) Second, from any remaining funds, an amount not
to exceed $3,000,000 to Impact Aid applicant number 53-
0061.
(C) Third, from any remaining funds, increased basic
support payments under section 8003(b) 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 the 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), 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, 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 1.5; and
(6) for an eligible local educational agency whose total
number of children in average daily attendance is 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
[[Page 112 STAT. 2681-367]]
section 8003(b)(1)(C) of the ESEA, except that the weighted student unit
total from its regular basic support payment shall be increased by 35
percent and its learning opportunity threshold percentage shall be
deemed to be 100.
(d) For each eligible local educational agency, the calculated
supplemental basic support payment shall be reduced by subtracting the
agency's regular fiscal year 1999 section 8003(b) basic support payment.
(e) The actual supplemental basic support payment that local
educational agencies receive shall be treated under section 8009 in the
same manner as payments under section 8003(f).
(f) If the sums described in subsections (a)(1) and (2) above are
insufficient to pay in full the calculated supplemental basic support
payments for the local educational agencies identified in those
subsections, the Secretary shall ratably reduce the supplemental basic
support payment to each local educational agency: 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 Prince Georges County, Maryland, under
section 8003 of the Elementary and Secondary Education Act of 1965 if
the Secretary has received that application not later than 30 days after
the enactment of this Act: Provided further, That from the amount
appropriated for section 8008 the Secretary shall award $500,000 to the
Randolph Field Independent School District, Texas: Provided further,
That for the purposes of computing the amount of payment for a local
educational agency for children identified under section 8003, children
residing in housing initially acquired or constructed under section 801
of the Military Construction Authorization Act of 1984, (Public Law 98-
115) (``Build to Lease'' program) shall be considered as children
described under section 8003(a)(1)(B) if the property described is
within the fenced security perimeter of the military facility upon which
such housing is situated: Provided further, That if such property is not
owned by the Federal Government, is subject to taxation by a State or
political subdivision of a State, and thereby generates revenues for a
local educational agency which received a payment from the Secretary
under section 8003, the Secretary shall:
(A) 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
(B) reduce the amount of such payment by an amount equal to
the amount of revenue from such taxation received in the second
preceding fiscal year by such local educational agency, unless
the amount of such revenue was taken into account by the State
for such second preceding fiscal year and already resulted in a
reduction in the amount of State aid paid to such local
educational agency: Provided further, That of the funds
available for payments under section 8002, the Secretary shall
pay the San Diego, California, Centennial, Pennsylvania, and
Hatboro-Horsham, Pennsylvania, local educational agencies the
sum of $500,000 each, in addition to their regularly calculated
payments, except that the total funds these agencies receive
under this section may not exceed 50 percent of their maximum
section 8002 payments.
[[Page 112 STAT. 2681-368]]
For carrying out school improvement activities authorized by titles
II, IV, V-A and B, VI, IX, X, XII and XIII of the Elementary and
Secondary Education Act of 1965; the Stewart B. McKinney Homeless
Assistance Act; and the Civil Rights Act of 1964 and part B of VIII of
the Higher Education Act; $2,811,134,000, of which $2,381,300,000 shall
become available on July 1, 1999, and remain available through September
30, 2000: Provided, That of the amount appropriated, $335,000,000 shall
be for Eisenhower professional development State grants under title II-B
of the Elementary and Secondary Education Act of 1965, and
$1,575,000,000 shall be for title VI, of which $1,200,000,000 shall be
available, notwithstanding any other provision of law, to carry out
title VI of the Elementary and Secondary Education Act of 1965 in
accordance with section 307 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.
For necessary expenses to carry out the Reading Excellence Act,
$260,000,000, which shall become available on July 1, 1999, and shall
remain available through September 30, 2000.
For expenses necessary to carry out, to the extent not otherwise
provided, title IX, part A of the Elementary and Secondary Education Act
of 1965, as amended, $66,000,000.
For carrying out, to the extent not otherwise provided, bilingual,
foreign language and immigrant education activities authorized by parts
A and C and section 7203 of title VII of the Elementary and Secondary
Education Act of 1965, without regard to section 7103(b), $380,000,000:
Provided, That State educational agencies may use all, or any part of,
their part C allocation for competitive grants to local educational
agencies.
For carrying out the Individuals with Disabilities Education Act,
$5,124,146,000, of which $4,879,885,000 shall become available for
obligation on July 1, 1999, and shall remain available through September
30, 2000: Provided, That $1,500,000 shall be awarded to The Organizing
Committee for The 1999 Special Olympics World Summer Games and
$1,500,000, to remain available until expended, shall be for preparation
and planning and shall be awarded to The Organizing Committee of The
2001 Special Olympics World Winter Games: Provided further, That
$600,000 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.
[[Page 112 STAT. 2681-369]]
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Technology-Related Assistance for
Individuals with Disabilities Act, or successor legislation and the
Helen Keller National Center Act, as amended, $2,652,584,000.
Special Institutions for Persons With Disabilities
For carrying out the Act of March 3, 1879, as amended (20 U.S.C. 101
et seq.), $8,661,000.
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.),
$45,500,000: Provided, That from the amount available, the Institute may
at its discretion use funds for the endowment program as authorized
under section 207.
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.), $83,480,000: Provided, That from the amount
available, the University may at its discretion use funds for the
endowment program as authorized under section 207.
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Vocational and Applied Technology Education Act and the Adult
Education and Family Literacy Act, $1,539,247,000, of which
$1,535,147,000 shall become available on July 1, 1999 and shall remain
available through September 30, 2000: Provided, That of the amounts made
available for title II of the Carl D. Perkins Vocational and Applied
Technology Education Act, $13,497,000 shall be used by the Secretary for
national programs under title IV, without regard to section 451:
Provided further, That, of the amounts made available for the Adult
Education and Family Literacy Act, $6,000,000 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 no funds shall be awarded to a State Council under section 112(f)
of the Carl D. Perkins Vocational and Applied Technology Education Act,
and no State shall be required to operate such a Council.
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,
$9,348,000,000, which shall remain available through September 30, 2000.
The maximum Pell Grant for which a student shall be eligible during
award year 1999-2000 shall be $3,125: Provided, <> That
notwithstanding section 401(g) of the Act, if the Secretary determines,
[[Page 112 STAT. 2681-370]]
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 1998
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: Provided further, That if
the Secretary determines that the funds available to fund Pell Grants
for award year 1999-2000 exceed the amount needed to fund Pell Grants at
a maximum award of $3,125 for that award year, the Secretary may
increase the income protection allowances in sections 475(g)(2)(D), and
476(b)(1)(A)(iv)(I), (II) and (III) up to the amounts at which Pell
Grant awards calculated using the increased income protection allowances
equal the funds available to make Pell Grants in award year 1999-2000
with a $3,125 maximum award, except that the income protection allowance
in section 475(g)(2)(D) may not exceed $2,200, the income protection
allowance in sections 476(b)(1)(A)(iv)(I) and (II) may not exceed
$4,250, and the income protection allowance in section
476(b)(1)(A)(iv)(III) may not exceed $7,250.
For Federal administrative expenses to carry out guaranteed student
loans authorized by title IV, part B, of the Higher Education Act, as
amended, $46,482,000.
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 and Public Law 102-73; $1,307,846,000, of which $13,000,000
for interest subsidies authorized by section 121 of the Higher Education
Act, shall remain available until expended: Provided, That $16,723,000
shall be for Youth Offender Grants, of which $4,723,000, which shall
become available on July 1, 1999, and remain available until September
30, 2000, shall be used in accordance with section 601 of Public Law
102-73 as that section was in effect prior to enactment of Public Law
105-220: Provided further, That $4,800,000, to be available until
expended, shall be for Salem State College in Salem, Massachusetts for
activities authorized under Title III, part A, section 311(c)(2), of the
Higher Education Act of 1965, as amended: Provided further, That of the
funds made available under title VII, part B, $5,000,000 shall be
awarded to the St. Petersburg Junior College for a demonstration of a
national method for increasing access to four year degrees and work
force training for students attending community college; $2,000,000
shall be for the Technology-Assisted Learning Campus in New Rochelle,
New York for high-tech equipment; $250,000 shall be awarded to the
Center for Urban Research and Learning, Loyola University, Chicago;
$1,150,000 shall be awarded to the Southeast Community College in
Letcher County, Kentucky; $3,000,000 shall be for the Oregon State
University Distance Education Alliance; $1,000,000 shall be
[[Page 112 STAT. 2681-371]]
for the Appalachian Center for Economic Networks in Athens, Ohio;
$6,000,000 shall be to establish the Robert J. Dole Institute for Public
Service and Public Policy on the University of Kansas campus in
Lawrence, Kansas; $1,000,000 shall be for the Oregon Institute of Public
Service and Constitutional Studies at the Mark O. Hatfield School of
Government at Portland State University; $2,150,000 shall be awarded to
the College of Natural Resources, University of Wisconsin at Stevens
Point for technology-enhanced learning; $1,500,000 shall be for the
Touro Law Center in Central Islip, New York for the use of technology to
bridge the gap between legal education and the actual practice of law;
$1,000,000 shall be for the International Center for Educational
Technology and Distance Learning at Empire State College; $500,000 shall
be for the University of Northern Iowa National Institute of Technology
for Inclusive Education; $1,500,000 shall be for a demonstration project
to expand the successful college student preparation at Prairie View
A&M, Texas; $750,000 shall be to identify and provide models of alcohol
and drug abuse prevention and education in higher education at the
college level; $500,000 shall be for a teacher training program in
experiential learning to be awarded to the Department of Language
Teacher Education, School for International Training, Brattleboro,
Vermont; and $1,000,000 shall be for the Paul Simon Public Policy
Institute at Southern Illinois University at Carbondale, Illinois:
Provided further, That $9,500,000 of the funds made available for title
VII, part B shall be for a competition consistent with the subject areas
outlined in the House and Senate reports and the statement of the
managers, and that such competition should be administered in a manner
consistent with current departmental practices and policies.
For partial support of Howard University (20 U.S.C. 121 et seq.),
$214,489,000, 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.
For Federal administrative expenses authorized under section 121 of
the Higher Education Act, $698,000 to carry out activities related to
existing facility loans entered into under the Higher Education Act.
The total amount of bonds insured pursuant to section 344 of title
III, part D of the Higher Education Act 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, as amended, $96,000.
[[Page 112 STAT. 2681-372]]
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; section 2102 of title
II, and parts A, B, I, and K and section 10601 of title X, and part C of
title XIII of the Elementary and Secondary Education Act of 1965, as
amended, and title VI of Public Law 103-227, $664,867,000: Provided,
That $25,000,000 shall be available to demonstrate effective approaches
to comprehensive school reform to be allocated and expended in
accordance with the instructions relating to this activity in the
statement of managers on the conference report accompanying Public Law
105-78 and in the statement of the managers on the conference report
accompanying this Act: Provided further, That the funds made available
for comprehensive school reform shall become available on July 1, 1999,
and remain available through September 30, 2000, 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 $16,000,000 of the funds made
available for title X, part A of the Elementary and Secondary Education
Act, shall be carried out consistent with the subject areas outlined in
the House and Senate reports and the statement of the managers, and
should be administered in a manner consistent with current departmental
practices and policies: Provided further, That, in addition to the
$6,000,000 for Title VI of Public Law 103-227 and notwithstanding the
provisions of section 601(c)(1)(C) of that Act, $1,000,000 shall be
available to the Center for Civic Education to conduct a civic education
program with Northern Ireland and the Republic of Ireland and,
consistent with the civics and government activities authorized in
section 601(c)(3) of Public Law 103-227, to provide civic education
assistance to democracies in developing countries. The term ``developing
countries'' shall have the same meaning as the term ``developing
country'' in the Education for the Deaf Act: Provided further, That of
the amount provided for part A of title X of the Elementary and
Secondary Education Act of 1965, $2,000,000 shall be for a demonstration
of full service community school sites in Charles County, Maryland,
Westchester County, New York, Cranston, Rhode Island, and Skagit County,
Washington; $2,000,000 shall be awarded to First Book for literacy
programs; $1,750,000 shall be awarded to the Whitaker Center for Science
and the Arts, Harrisburg, Pennsylvania for teaching of science education
using the arts; $350,000 shall be awarded to the School of Education at
the University of Montana and the Montana Board of Crime Control for
community-based initiatives to promote non-violent behavior in schools;
$1,000,000 shall be awarded to the NetDay organization to assist schools
in connecting K-12 classrooms to the Internet; $1,000,000 shall be
awarded to the National Museum of Women in the Arts; $1,000,000 shall be
awarded to Youth Friends of Kansas City to improve attendance and
academic performance; $750,000 shall be awarded to the Thornberry Center
for Youth and Families, Kansas City, Missouri to assist at-risk
children; $400,000 shall be for Bay Shore, New York for Literacy
[[Page 112 STAT. 2681-373]]
Education and Assessment Partnerships; $1,150,000 shall be awarded to
provide technology assistance and for operation of a math/science
learning center in Perry County, Kentucky; $100,000 shall be for
Presidio School District, Texas for library equipment and materials;
$1,200,000 shall be for the Southeastern Pennsylvania Consortium for
Higher Education; $1,000,000 shall be for the Dowling College Global
Learning Center at the former LaSalle Academy in New York for a master
teacher training and education center; $10,000,000 for continuing a
demonstration of public school facilities repair and construction to the
Iowa Department of Education; and $1,000,000 shall be awarded to the
Hechkscher Museum of Art, Long Island, New York for incorporating arts
into education curriculum: Provided further, That of the amount provided
for part I of title X of the Elementary and Secondary Education Act of
1965, $500,000 shall be for after school programs for the Chippewa Falls
Area United School System, Wisconsin; $400,000 shall be for after-school
programs for the Wausau School System, Wisconsin; $350,000 shall be for
the New Rochelle School System, New York, after-school programs;
$100,000 shall be for the New York Hall of Science, Queens, New York,
after-school program; $25,000 shall be for Louisville Central Community
Centers Youth Education Program to support after-school programming;
$25,000 shall be for Canaan's Community Development Corporation in
Louisville, Kentucky for the Village Learning Center after-school
program; $300,000 shall be for the Bay Shore Community Learning Wellness
and Fitness Center for Drug Free Lifestyles in Bay Shore, New York;
$2,500,000 shall be for an after school anti-drug pilot program in the
Chicago Public Schools; and $400,000 shall be for the Green Bay,
Wisconsin Public School System after school program: Provided further,
That $10,000,000 of the funds provided for the national education
research institutes shall be allocated notwithstanding section
931(c)(2)(B) of Public Law 103-227.
Departmental Management
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of two passenger motor
vehicles, $362,000,000.
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $66,000,000.
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $31,242,000.
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
[[Page 112 STAT. 2681-374]]
imbalance in any school or school system, or for the transportation of
students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation of
any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home, except
for a student requiring special education, to the school offering such
special education, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose of this section an indirect requirement of
transportation of students includes the transportation of students to
carry out a plan involving the reorganization of the grade structure of
schools, the pairing of schools, or the clustering of schools, or any
combination of grade restructuring, pairing or clustering. The
prohibition described in this section does not include the establishment
of magnet schools.
Sec. 303. No funds appropriated under this Act may be used to
prevent the implementation of programs of voluntary prayer and
meditation in the public schools.
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act, as
amended) which are appropriated for the Department of Education in this
Act may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the Appropriations Committees of both Houses of Congress
are notified at least fifteen days in advance of any transfer.
Sec. 305. National Testing. (a) In General.--Part C of the General
Education Provisions Act (20 U.S.C. 1231 et seq.) is amended by adding
at the end the following:
``SEC. 447. <> PROHIBITION ON FEDERALLY SPONSORED
TESTING.
``(a) General Prohibition.--Notwithstanding any other provision of
Federal law and except as provided in subsection (b), no funds provided
to the Department of Education or to an applicable program, may be used
to pilot test, field test, implement, administer or distribute in any
way any federally sponsored national test in reading, mathematics, or
any other subject that is not specifically and explicitly provided for
in authorizing legislation enacted into law.
``(b) Exceptions.--Subsection (a) shall not apply to the Third
International Mathematics and Science Study or other international
comparative assessments developed under the authority of section
404(a)(6) of the National Education Statistics Act of 1994 (20 U.S.C.
9003(a)(6) et seq.) and administered to only a representative sample of
pupils in the United States and in foreign nations.''.
(b) Authority of National Assessment Governing Board.--Subject to
section 447 of the General Education Provisions Act, the exclusive
authority over the direction and all policies and guidelines for
developing voluntary national tests pursuant to contract RJ97153001
previously entered into between the United States Department of
Education and the American Institutes for Research and executed on
August 15, 1997, and subsequently modified by the National Assessment
Governing Board on February 11, 1998, shall continue to be vested in the
National Assessment Governing
[[Page 112 STAT. 2681-375]]
Board established under section 412 of the National Education Statistics
Act of 1994 (20 U.S.C. 9011).
(c) Studies.--
(1) Purpose, definition, and achievement levels.--The
National Assessment Governing Board shall determine and clearly
articulate in a report the purpose and intended use of any
proposed federally sponsored national test. Such report shall
also include--
(A) a definition of the meaning of the term
``voluntary'' in regards to the administration of any
national test; and
(B) a description of the achievement levels and
reporting methods to be used in grading any national
test.
The report shall be submitted to the White House, the Committees
on Education and the Workforce of the House of Representatives,
the Committee on Labor and Human Resources of the Senate, and
the Committees on Appropriations of the House of Representatives
and the Senate not later than September 30, 1999.
(2) Response to report.--The National Assessment Governing
Board shall develop and submit to the entities identified in
paragraph (1) a report, not later than September 30, 1999, that
addresses and responds to the findings reported by the National
Academy of Sciences in the report entitled ``Grading the
Nation's Report Card: Evaluating NAEP and Transforming the
Assessment of Educational Progress'' that assert that the
achievement levels of the National Assessment of Educational
Progress (NAEP) are fundamentally flawed.
(3) Technical feasibility.--The National Academy of Sciences
shall conduct a study regarding the technical feasibility,
validity, and reliability of including test items from the
National Assessment of Educational Progress (NAEP) for 4th grade
reading and 8th grade mathematics or from other tests in State
and district assessments for the purpose of providing a common
measure of individual student performance. The National Academy
of Sciences shall submit, to the entities identified under
paragraph (1), an interim progress report not later than June
30, 1999 and a final report not later than September 30, 1999.
Sec. 306. Notwithstanding any other provision of law, any
institution of higher education which receives funds under title III of
the Higher Education Act, except for grants made under section 326, may
use up to 20 percent of its award under part A or part B of the Act for
endowment building purposes authorized under section 331. Any
institution seeking to use part A or part B funds for endowment building
purposes shall indicate such intention in its application to the
Secretary and shall abide by departmental regulations governing the
endowment challenge grant program.
Sec. 307. (a) From the amount appropriated for title VI of the
Elementary and Secondary Education Act of 1965 in accordance with this
section, the Secretary of Education--
(1) shall make available a total of $6,000,000 to the
Secretary of the Interior (on behalf of the Bureau of Indian
Affairs) and the outlying areas for activities under this
section; and
(2) shall allocate the remainder by providing each State the
greater of the amount the State would receive if a total of
$1,124,620,000 were allocated under section 1122 of the
[[Page 112 STAT. 2681-376]]
Elementary and Secondary Education Act of 1965 or under section
2202(b) of the Act for fiscal year 1998, except that such
allocations shall be ratably increased or decreased as may be
necessary.
(b)(1) Each State that receives funds under this section shall
distribute 100 percent of such funds to local educational agencies, of
which--
(A) 80 percent of such amount shall be allocated to such
local educational agencies in proportion to the number of
children, aged 5 to 17, who reside in the school district served
by such local educational agency from families with incomes
below the poverty line (as defined by the Office of Management
and Budget and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2))) applicable to a family of the size involved for the
most recent fiscal year for which satisfactory data is available
compared to the number of such individuals who reside in the
school districts served by all the local educational agencies in
the State for that fiscal year; and
(B) 20 percent of such amount shall be allocated to such
local educational agencies in accordance with the relative
enrollments of children, aged 5 to 17, in public and private
nonprofit elementary and secondary schools within the boundaries
of such agencies;
(2) Notwithstanding paragraph (1), if the award to a local
educational agency under this section is less than the starting salary
for a new teacher in that agency, the State shall not make the award
unless the local educational agency agrees to form a consortium with not
less than 1 other local educational agency for the purpose of reducing
class size.
(c)(1) Each local educational agency that receives funds under this
section shall use such funds to carry out effective approaches to
reducing class size with highly qualified teachers 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 pursue the goal of
reducing class size through--
(i) recruiting, hiring, and training certified regular and
special education teachers and teachers of special-needs
children, including teachers certified through State and local
alternative routes;
(ii) testing new teachers for academic content knowledge,
and to meet State certification requirements that are consistent
with title II of the Higher Education Act of 1965; and
(iii) providing professional development to teachers,
including special education teachers and teachers of special-
needs children, consistent with title II of the Higher Education
Act of 1965.
(B) A local educational agency may use not more than a total of 15
percent of the award received under this section for activities
described in clauses (ii) and (iii) of subparagraph (A).
(C) A local educational agency that has already reduced class size
in the early grades to 18 or less children may use funds received under
this section--
[[Page 112 STAT. 2681-377]]
(i) to make further class-size reductions in grades 1
through 3;
(ii) to reduce class size in kindergarten or other grades;
or
(iii) to carry out activities to improve teacher quality,
including professional development.
(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,
or have been, employed by the local educational agency.
(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 school benefiting from this section, or the local
educational agency serving that school, shall produce an annual report
to parents, the general public, and the State educational agency, in
easily understandable language, on student achievement that is a result
of hiring additional highly qualified teachers and reducing class size.
(e) If a local educational agency uses funds made available under
this section for professional development activities, the agency shall
ensure for the equitable participation of private nonprofit elementary
and secondary schools in such activities. Section 6402 of the Elementary
and Secondary Education Act of 1965 shall not apply to other activities
under this section.
(f) Administrative Expenses.--A local educational agency that
receives funds under this section may use not more than 3 percent of
such funds for local administrative costs.
(g) Request for Funds.--Each local educational agency that desires
to receive funds under this section shall include in the application
required under section 6303 of the Elementary and Secondary Education
Act of 1965 a description of the agency's program to reduce class size
by hiring additional highly qualified teachers.
This title may be cited as the ``Department of Education
Appropriations Act, 1999''.
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, $70,745,000, of which
$15,717,000 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 the development and construction at the United States
Soldiers' and Airmen's Home, to include construction of a long-term care
facility at the United States Naval Home and conversion of space in the
[[Page 112 STAT. 2681-378]]
Scott building at the United States Soldiers' and Airmen's Home, may be
employed which collectively include the full scope of the project:
Provided further, That the solicitation and contract shall contain the
clause ``availability of funds'' found at 48 CFR 52.232-18 and 252.232-
7007, Limitation of Government Obligations.
Corporation for National and Community Service
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, $276,039,000.
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
2001, $340,000,000: Provided, That no funds made available to the
Corporation for Public Broadcasting by this Act shall be used to pay for
receptions, parties, or similar forms of entertainment for Government
officials or employees: Provided further, That none of the funds
contained in this paragraph shall be available or used to aid or support
any program or activity from which any person is excluded, or is denied
benefits, or is discriminated against, on the basis of race, color,
national origin, religion, or sex: Provided further, That in addition to
the amounts provided above, $15,000,000 shall be for digitalization,
only if specifically authorized by subsequent legislation enacted by
September 30, 1999.
Federal Mediation and Conciliation Service
For expenses necessary for the Federal Mediation and Conciliation
Service to carry out the functions vested in it by the Labor Management
Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
passenger motor vehicles; for expenses necessary for the Labor-
Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
necessary for the Service to carry out the functions vested in it by the
Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 71),
$34,620,000, including $1,500,000, to remain available through September
30, 2000, 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 for arbitration services shall be credited to and merged
with this account, and shall remain available until expended: Provided
further, That fees for arbitration services shall be available only for
education, training, and professional development of the agency
workforce: Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States gifts of
services and real, personal, or other property in the aid of any
projects or functions within the Director's jurisdiction.
[[Page 112 STAT. 2681-379]]
Federal Mine Safety and Health Review Commission
For expenses necessary for the Federal Mine Safety and Health Review
Commission (30 U.S.C. 801 et seq.), $6,060,000.
Institute of Museum and Library Services
For carrying out subtitle B of the Museum and Library Services Act,
$166,175,000, of which $25,000,000 shall be for national leadership
projects, notwithstanding section 221(a)(1)(B): Provided, That of the
amount provided, $10,000,000, to remain available until expended, shall
be awarded to the National Constitution Center, established by Public
Law 100-433, for exhibition design, program planning, and operation of
the Center to serve as a model between museums and libraries; $750,000
shall be for a Digital Geospatial and Numerical Data Library at the
University of Idaho; $1,250,000 shall be awarded to the Franklin
Institute, Philadelphia, Pennsylvania; $2,000,000 shall be to enhance
digitization at the New York Public Library; $35,000 shall be for the
Children's Museum of Manhattan; $300,000 shall be for the State
Historical Society of Iowa; and $1,100,000 shall be for the Museum of
Science and Industry in Chicago.
Medicare Payment Advisory Commission
For expenses necessary to carry out section 1805 of the Social
Security Act, $7,015,000, to be transferred to this appropriation from
the Federal Hospital Insurance and the Federal Supplementary Medical
Insurance Trust Funds.
National Commission on Libraries and Information Science
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 by Public Law 102-95), $1,000,000.
National Council on Disability
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, as amended,
$2,344,000.
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,
$2,100,000.
[[Page 112 STAT. 2681-380]]
National Labor Relations Board
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, $184,451,000:
Provided, That no part of this appropriation shall be available to
organize or assist in organizing agricultural laborers or used in
connection with investigations, hearings, directives, or orders
concerning bargaining units composed of agricultural laborers as
referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
and as amended by the Labor-Management Relations Act, 1947, as amended,
and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C.
203), and including in said definition employees engaged in the
maintenance and operation of ditches, canals, reservoirs, and waterways
when maintained or operated on a mutual, nonprofit basis and at least 95
percent of the water stored or supplied thereby is used for farming
purposes: Provided further, That none of the funds made available by
this Act shall be used in any way to promulgate a final rule (altering
29 CFR part 103) regarding single location bargaining units in
representation cases.
National Mediation Board
For expenses necessary to carry out the provisions of the Railway
Labor Act, as amended (45 U.S.C. 151-188), including emergency boards
appointed by the President, $8,400,000: Provided, That unobligated
balances at the end of fiscal year 1999 not needed for emergency boards
shall remain available for other statutory purposes through September
30, 2000.
Occupational Safety and Health Review Commission
For expenses necessary for the Occupational Safety and Health Review
Commission (29 U.S.C. 661), $8,100,000.
Railroad Retirement Board
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $189,000,000,
which shall include amounts becoming available in fiscal year 1999
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 $189,000,000:
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.
[[Page 112 STAT. 2681-381]]
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2000, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
For necessary expenses for the Railroad Retirement Board for
administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $90,000,000, 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.
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 $5,600,000, to
be derived from the railroad retirement accounts and railroad
unemployment insurance account: Provided, That none of the funds made
available in any other paragraph of this Act may be transferred to the
Office; used to carry out any such transfer; used to provide any office
space, equipment, office supplies, communications facilities or
services, maintenance services, or administrative services for the
Office; used to pay any salary, benefit, or award for any personnel of
the Office; used to pay any other operating expense of the Office; or
used to reimburse the Office for any service provided, or expense
incurred, by the Office: <> Provided further,
That none of the funds made available under this heading in this Act, or
subsequent Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Acts, may be used for any
audit, investigation, or review of the Medicare Program.
Social Security Administration
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, $19,689,000.
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, $382,803,000, 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 2000,
$141,000,000, to remain available until expended.
[[Page 112 STAT. 2681-382]]
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$21,552,000,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury.
From funds provided under the previous paragraph, not less than
$100,000,000 shall be available for payment to the Social Security trust
funds for administrative expenses for conducting continuing disability
reviews.
In addition, $177,000,000, to remain available until September 30,
2000, for payment to the Social Security trust funds for administrative
expenses for continuing disability reviews as authorized by section 103
of Public Law 104-121 and section 10203 of Public Law 105-33. The term
``continuing disability reviews'' means reviews and redeterminations as
defined under section 201(g)(1)(A) of the Social Security Act, as
amended.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security Act, for
unanticipated costs incurred for the current fiscal year, such sums as
may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2000, $9,550,000,000, to remain
available until expended.
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 $5,996,000,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to therein: Provided, That not
less than $1,600,000 shall be for the Social Security Advisory Board:
Provided further, That unobligated balances at the end of fiscal year
1999 not needed for fiscal year 1999 shall remain available until
expended to invest in the Social Security Administration computing
network, including related equipment and non-payroll administrative
expenses associated solely with this network: Provided further, That
reimbursement to the trust funds under this heading for expenditures for
official time for employees of the Social Security Administration
pursuant to section 7131 of title 5, United States Code, and for
facilities or support services for labor organizations pursuant to
policies, regulations, or procedures referred to in section 7135(b) of
such title shall be made by the Secretary of the Treasury, with
interest, from amounts in the general fund not otherwise appropriated,
as soon as possible after such expenditures are made.
From funds provided under the previous paragraph, notwithstanding
the provision under this heading in Public Law 105-78 regarding
unobligated balances at the end of fiscal year 1998 not needed for such
fiscal year, an amount not to exceed $50,000,000 from such unobligated
balances shall, in addition to funding already
[[Page 112 STAT. 2681-383]]
available under this heading for fiscal year 1999, 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.
From funds provided under the first paragraph, the Commissioner of
will evaluate means to promote Medicare buy-in programs targeted to
elderly and disabled individuals under titles XVIII and XIX of the
Social Security Act.
In addition to funding already available under this heading, and
subject to the same terms and conditions, $355,000,000, to remain
available until September 30, 2000, 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, $75,000,000 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 1999 exceed $75,000,000, the amounts shall be available in
fiscal year 2000 only to the extent provided in advance in
appropriations Acts.
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $12,000,000, together with not to exceed $44,000,000, to be
transferred and expended as authorized by section 201(g)(1) of the
Social Security Act from the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is available: Provided, That notice of such transfers shall
be transmitted promptly to the Committees on Appropriations of the House
and Senate.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace as
authorized in the United States Institute of Peace Act, $12,160,000.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act: Provided, That such transferred
[[Page 112 STAT. 2681-384]]
balances are used for the same purpose, and for the same periods of
time, for which they were originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in this Act
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for the
preparation, distribution, or use of any kit, pamphlet, booklet,
publication, radio, television, or video presentation designed to
support or defeat legislation pending before the Congress or any State
legislature, except in presentation to the Congress or any State
legislature itself.
(b) No part of any appropriation contained in this Act shall be used
to pay the salary or expenses of any grant or contract recipient, or
agent acting for such recipient, related to any activity designed to
influence legislation or appropriations pending before the Congress or
any State legislature.
Sec. 504. The Secretaries of Labor and Education are each authorized
to make available not to exceed $15,000 from funds available for
salaries and expenses under titles I and III, respectively, for official
reception and representation expenses; the Director of the Federal
Mediation and Conciliation Service is authorized to make available for
official reception and representation expenses not to exceed $2,500 from
the funds available for ``Salaries and expenses, Federal Mediation and
Conciliation Service''; and the Chairman of the National Mediation Board
is authorized to make available for official reception and
representation expenses not to exceed $2,500 from funds available for
``Salaries and expenses, National Mediation Board''.
Sec. 505. Notwithstanding any other provision of this Act, no funds
appropriated under this Act shall be used to carry out any program of
distributing sterile needles or syringes for the hypodermic injection of
any illegal drug.
Sec. 506. (a) Purchase of American-Made Equipment and Products.--It
is the sense of the Congress that, to the greatest extent practicable,
all equipment and products purchased with funds made available in this
Act should be American-made.
(b) Notice Requirement.--In providing financial assistance to, or
entering into any contract with, any entity using funds made available
in this Act, the head of each Federal agency, to the greatest extent
practicable, shall provide to such entity a notice describing the
statement made in subsection (a) by the Congress.
(c) Prohibition of Contracts With Persons Falsely Labeling Products
as Made in America.--If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the same
meaning, to any product sold in or shipped to the United States that is
not made in the United States, the person shall be ineligible to receive
any contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 507. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act,
[[Page 112 STAT. 2681-385]]
including but not limited to State and local governments and recipients
of Federal research grants, shall clearly state: (1) the percentage of
the total costs of the program or project which will be financed with
Federal money; (2) the dollar amount of Federal funds for the project or
program; and (3) percentage and dollar amount of the total costs of the
project or program that will be financed by nongovernmental sources.
<> Sec. 508. (a) None of the funds appropriated
under this Act, and none of the funds in any trust fund to which funds
are appropriated under this Act, shall be expended for any abortion.
(b) None of the funds appropriated under this Act, and none of the
funds in any trust fund to which funds are appropriated under this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) The term ``health benefits coverage'' means the package of
services covered by a managed care provider or organization pursuant to
a contract or other arrangement.
Sec. 509. (a) The limitations established in the preceding section
shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
<> Sec. 510. Notwithstanding any other
provision of law, hereafter--
(1) no amount may be transferred from an appropriation
account for the Departments of Labor, Health and Human Services,
and Education except as authorized in this or any subsequent
appropriation Act, or in the Act establishing the program or
activity for which funds are contained in this Act;
(2) no department, agency, or other entity, other than the
one responsible for administering the program or activity for
which an appropriation is made in this Act, may exercise
authority for the timing of the obligation and expenditure of
such appropriation, or for the purpose for which it is obligated
and expended, except to the extent and in the manner otherwise
provided in sections 1512 and 1513 of title 31, United States
Code; and
(3) no funds provided under this Act shall be available for
the salary (or any part thereof) of an employee who is
reassigned on a temporary detail basis to another position in
the employing agency or department or in any other agency or
department, unless the detail is independently approved by the
head of the employing department or agency.
[[Page 112 STAT. 2681-386]]
Sec. 511. (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. 512. (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. 513. None of the funds made available in this Act may be
obligated or expended to enter into or renew a contract with an entity
if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in section 4212(d) of
title 38, United States Code, regarding submission of an annual
report to the Secretary of Labor concerning employment of
certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.
Sec. 514. None of the funds made available in this Act may be used
to pay the expenses of an election officer appointed by a court to
oversee an election of any officer or trustee for the International
Brotherhood of Teamsters.
Sec. 515. Except as otherwise specifically provided by law,
unobligated balances remaining available at the end of fiscal year 1999
from appropriations made available for salaries and expenses for fiscal
year 1999 in this Act, shall remain available through December 31, 1999,
for each such account for the purposes authorized: Provided, That the
House and Senate Committees on Appropriations shall be notified at least
fifteen days prior to the obligation of such funds.
Sec. 516. None of the funds made available in this Act may be used
to promulgate or adopt any final standard under section 1173(b) of the
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
for the assignment of, a unique health identifier for an individual
(except in an individual's capacity as an employer or a health care
provider), until legislation is enacted specifically approving the
standard.
[[Page 112 STAT. 2681-387]]
TITLE VI--NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE
Sec. 601. Establishment of National Center For Complementary And
Alternative Medicine.
In General.--Title IV of the Public Health Service Act (42 U.S.C.
281 et seq.) is amended--
<> (1) by striking section 404E; and
(2) in part E, by adding at the end the following:
``Subpart 5--National Center for Complementary and Alternative Medicine
``SEC. 485D. <> PURPOSE OF CENTER.
``(a) In General.--The general purposes of the National Center for
Complementary and Alternative Medicine (in this subpart referred to as
the `Center') are the conduct and support of basic and applied research
(including both intramural and extramural research), research training,
the dissemination of health information, and other programs with respect
to identifying, investigating, and validating complementary and
alternative treatment, diagnostic and prevention modalities, disciplines
and systems. The Center shall be headed by a director, who shall be
appointed by the Secretary. The Director of the Center shall report
directly to the Director of NIH.
``(b) Advisory Council.--The Secretary shall establish an advisory
council for the Center in accordance with section 406, except that at
least half of the members of the advisory council who are not ex officio
members shall include practitioners licensed in one or more of the major
systems with which the Center is concerned, and at least 3 individuals
representing the interests of individual consumers of complementary and
alternative medicine.
``(c) Complement to Conventional Medicine.--In carrying out
subsection (a), the Director of the Center shall, as appropriate, study
the integration of alternative treatment, diagnostic and prevention
systems, modalities, and disciplines with the practice of conventional
medicine as a complement to such medicine and into health care delivery
systems in the United States.
``(d) Appropriate Scientific Expertise and Coordination With
Institutes and Federal Agencies.--The Director of the Center, after
consultation with the advisory council for the Center and the division
of research grants, shall ensure that scientists with appropriate
expertise in research on complementary and alternative medicine are
incorporated into the review, oversight, and management processes of all
research projects and other activities funded by the Center. In carrying
out this subsection, the Director of the Center, as necessary, may
establish review groups with appropriate scientific expertise. The
Director of the Center shall coordinate efforts with other Institutes
and Federal agencies to ensure appropriate scientific input and
management.
``(e) Evaluation of Various Disciplines and Systems.--In carrying
out subsection (a), the Director of the Center shall identify and
evaluate alternative and complementary medical treatment, diagnostic and
prevention modalities in each of the disciplines and systems with which
the Center is concerned, including each discipline and system in which
accreditation, national certification, or a State license is available.
[[Page 112 STAT. 2681-388]]
``(f) Ensuring High Quality, Rigorous Scientific Review.--In order
to ensure high quality, rigorous scientific review of complementary and
alternative, diagnostic and prevention modalities, disciplines and
systems, the Director of the Center shall conduct or support the
following activities:
``(1) Outcomes research and investigations.
``(2) Epidemiological studies.
``(3) Health services research.
``(4) Basic science research.
``(5) Clinical trials.
``(6) Other appropriate research and investigational
activities.
The Director of NIH, in coordination with the Director of the Center,
shall designate specific personnel in each Institute to serve as full-
time liaisons with the Center in facilitating appropriate coordination
and scientific input.
``(g) Data System; Information Clearinghouse.--
``(1) Data system.--The Director of the Center shall
establish a bibliographic system for the collection, storage,
and retrieval of worldwide research relating to complementary
and alternative treatment, diagnostic and prevention modalities,
disciplines and systems. Such a system shall be regularly
updated and publicly accessible.
``(2) Clearinghouse.--The Director of the Center shall
establish an information clearinghouse to facilitate and
enhance, through the effective dissemination of information,
knowledge and understanding of alternative medical treatment,
diagnostic and prevention practices by health professionals,
patients, industry, and the public.
``(h) Research Centers.--The Director of the Center, after
consultation with the advisory council for the Center, shall provide
support for the development and operation of multipurpose centers to
conduct research and other activities described in subsection (a) with
respect to complementary and alternative treatment, diagnostic and
prevention modalities, disciplines and systems. The provision of support
for the development and operation of such centers shall include
accredited complementary and alternative medicine research and education
facilities.
``(i) Availability of Resources.--After consultation with the
Director of the Center, the Director of NIH shall ensure that resources
of the National Institutes of Health, including laboratory and clinical
facilities, fellowships (including research training fellowship and
junior and senior clinical fellowships), and other resources are
sufficiently available to enable the Center to appropriately and
effectively carry out its duties as described in subsection (a). The
Director of NIH, in coordination with the Director of the Center, shall
designate specific personnel in each Institute to serve as full-time
liaisons with the Center in facilitating appropriate coordination and
scientific input.
``(j) Availability of Appropriations.--Amounts appropriated to carry
out this section for fiscal year 1999 are available for obligation
through September 30, 2001. Amounts appropriated to carry out this
section for fiscal year 2000 are available for obligation through
September 30, 2001.''.
(k) Technical and Conforming Amendment.--Section 401(b)(2) of the
Public Health Service Act (42 U.S.C. 281(b)(2) is amended by adding at
the end the following:
[[Page 112 STAT. 2681-389]]
``(F) The National Center for Complementary and
Alternative Medicine.' ''.
TITLE VII--MISCELLANEOUS PROVISIONS
Sec. 701. Section 396(k)(9) of Title 47, United States Code, is
amended by striking ``at an annual rate of pay which exceeds the rate of
basic pay in effect from time to time for level I of the Executive
Schedule under 5312 of title 5, United States Code'' and inserting ``in
excess of reasonable compensation as determined pursuant to Section 4958
of the Internal Revenue Code for services that the officer or employee
renders to organization'' after ``compensated.''
<> Sec. 702. The amount of the DSH
allotment for the State of Minnesota for fiscal year 1999, specified in
the table under section 1923(f)(2) of the Social Security Act (as
amended by section 4721(a)(1) of Public Law 105-33) is deemed to be
$33,000,000.
Sec. 703. <> The amount of the DSH
allotment for the State of New Mexico for fiscal year 1999, specified in
the table under section 1923(f)(2) of the Social Security Act (as
amended by section 4721(a)(1) of Public Law 105-33) is deemed to be
$9,000,000.
<> Sec. 704. Notwithstanding section
1923(f)(2) of the Social Security Act (42 U.S.C. 1396r-4(f)(2)) (as
amended by section 4721(a)(1) of the Balanced Budget Act of 1997 (Public
Law 105-33; 111 Stat. 511), the amount of the DSH allotment for Wyoming
for fiscal year 1999 is deemed to be $95,000.
Sec. 705. 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 and
1998'' and inserting ``1997, 1998, and 1999''; and
(B) in subsection (e), by striking ``October 1,
1998'' each place it appears and inserting ``October 1,
1999'' and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``September 30, 1998'' and inserting
``September 30, 1999''.
Sec. 706. (a) Section 2104(c) of the Social Security Act (42 U.S.C.
1397dd(c)) is amended by adding at the end the following new paragraph:
``(4) Additional allotment.--
``(A) In general.--In addition to the allotment
under paragraph (1), the Secretary shall allot each
commonwealth and territory described in paragraph (3)
the applicable percentage specified in paragraph (2) of
the amount appropriated under subparagraph (B).
``(B) Appropriations.--For purposes of providing
allotments pursuant to subparagraph (A), there is
appropriated, out of any money in the Treasury not
otherwise appropriated $32,000,000 for fiscal year
1999.''.
(b) Section 2104(b)(1) of such Act (42 U.S.C. 1397dd(b)(1)) is
amended by inserting ``(determined without regard to paragraph (4)
thereof)'' after ``subsection (c)''.
Sec. 707. <> Determination of Number of
Children and State Cost Factors for Fiscal Years 1998 and 1999 for
Purposes
[[Page 112 STAT. 2681-390]]
of State Children's Health Insurance Program (SCHIP).--Notwithstanding
any other provision of law, for purposes of determining the product
under section 2104(b)(1)(A) of the Social Security Act (42 U.S.C.
1397dd(b)(1)(A)) for a State for each of fiscal years 1998 and 1999--
(1) the number of children under clause (i) of such section
shall be the number of low-income children specified for the
State in Column B of the table on pages 48101-48102 of the
Federal Register published on September 12, 1997, adjusted by
the Census Bureau as necessary to treat children as being
without health insurance if they have access to health care
funded by the Indian Health Service but do not have health
insurance; and
(2) the State cost factor under clause (ii) of such section
shall be the State cost factor specified for the State in Column
C of such table.
Sec. 708. (a) Extension of Deadline for Submission of Report by
Commission To Assess the Organization of the Federal Government To
Combat the Proliferation of Weapons of Mass Destruction.--Section
712(c)(1) of the Combating Proliferation of Weapons of Mass Destruction
Act of 1996 (subtitle A of title VII of Public Law 104-293; 110 Stat.
3470; 50 U.S.C. 2351 note) is amended by striking out ``the date of the
enactment of this Act'' and inserting in lieu thereof ``January 18,
1998''.
(b) Membership of Commission.--Section 711 of that Act is amended--
<>
(1) in the matter preceding subsection (b)(1), by striking
out ``eight members'' and inserting in lieu thereof ``twelve
members, none of whom may, during the period of their service on
the Commission, be an officer or employee of any department,
agency, or other establishment of the Executive Branch (other
than the Commission), and'';
(2) in subsection (b)(2), by striking out ``one'' and
inserting in lieu thereof ``three'';
(3) in subsection (b)(4), by striking out ``one'' and
inserting in lieu thereof ``three''; and
(4) in subsection (e), by striking out ``the date on which
all members of the Commission have been appointed'' and
inserting in lieu thereof ``the date of enactment of an Act
making appropriations for the Departments of Labor, Health and
Human Services, and Education, and related agencies, for the
fiscal year ending September 30, 1999, regardless of whether all
the members of the Commission have been appointed as of that
date,''.
(c) <> Restrictions on Activities of
Commission.--Section 712(a) of that Act is amended by adding at the end
the following:
(4) Restrictions.--In carrying out the study under paragraph
(1), making the assessments under paragraph (2), and addressing
the matters identified in paragraph (3), the Commission shall
not review, evaluate, or report on--
``(A) United States domestic response capabilities
with respect to weapons of mass destruction; or
``(B) the adequacy or usefulness of United States
laws that provide for the imposition of sanctions on
countries or entities that engage in the proliferation
of weapons of mass destruction.''.
[[Page 112 STAT. 2681-391]]
(d) Limitation on Commission Expenditures.--Section 717 of that
Act <> is amended by striking out ``shall be
paid'' and inserting in lieu thereof ``shall not exceed $1,000,000, and
shall be paid''.
Sec. 709. Protection of Divorced Spouses. (a) In General.--Section
6(c) of the Railroad Retirement Act of 1974 (45 U.S.C. 231e(c)) is
amended--
(1) in the last sentence of paragraph (1), by inserting
``(other than to a survivor in the circumstances described in
paragraph (3))'' after ``no further benefits shall be paid'';
and
(2) by adding at the end the following:
``(3) Notwithstanding the last sentence of paragraph (1),
benefits shall be paid to a survivor who--
``(A) is a divorced wife; and
``(B) through administrative error received benefits
otherwise precluded by the making of a lump sum payment
under this section to a widow;
if that divorced wife makes an election to repay to the Board
the lump sum payment. The Board may withhold up to 10 percent of
each benefit amount paid after the date of the enactment of this
paragraph toward such reimbursement. The Board may waive such
repayment to the extent the Board determines it would cause an
unjust financial hardship for the beneficiary.''.
<> (b) Application of Amendment.--The
amendment made by this section shall apply with respect to any benefits
paid before the date of enactment of this Act as well as to benefits
payable on or after the date of the enactment of this Act.
<> Sec. 710. For purposes of payments to
States for medical assistance under title XIX of the Social Security Act
from amounts appropriated to carry out such title for fiscal year 1999
and for any subsequent fiscal year, individuals who are PACE program
eligible individuals under section 1934 of that Act and who meet the
income and resource eligibility requirements of individuals who are
eligible for medical assistance under section 1902(a)(10)(A)(ii)(VI) of
that Act shall be treated as individuals described in such section
1902(a)(10)(A)(ii)(VI) during the period of their enrollment in the PACE
program.
TITLE VIII--READING EXCELLENCE ACT
SUBTITLE I--READING AND LITERACY GRANTS
SEC. 101. AMENDMENT TO ESEA FOR READING AND LITERACY GRANTS.
(a) In General.--Title II of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
(1) by redesignating parts C and D as parts D and E,
respectively; and
(2) by inserting after part B the following:
``PART C--READING AND LITERACY GRANTS
``SEC. 2251. <> PURPOSES.
``The purposes of this part are as follows:
``(1) To provide children with the readiness skills they
need to learn to read once they enter school.
``(2) To teach every child to read in the child's early
childhood years--
[[Page 112 STAT. 2681-392]]
``(A) as soon as the child is ready to read; or
``(B) as soon as possible once the child enters
school, but not later than 3d grade.
``(3) To improve the reading skills of students, and the
instructional practices for current teachers (and, as
appropriate, other instructional staff) who teach reading,
through the use of findings from scientifically based reading
research, including findings relating to phonemic awareness,
systematic phonics, fluency, and reading comprehension.
``(4) To expand the number of high-quality family literacy
programs.
``(5) To provide early literacy intervention to children who
are experiencing reading difficulties in order to reduce the
number of children who are incorrectly identified as a child
with a disability and inappropriately referred to special
education.
``SEC. 2252. <> DEFINITIONS.
``For purposes of this part:
``(1) Eligible professional development provider.--The term
`eligible professional development provider' means a provider of
professional development in reading instruction to teachers that
is based on scientifically based reading research.
``(2) Family literacy services.--The term `family literacy
services' means services provided to participants on a voluntary
basis that are of sufficient intensity in terms of hours, and of
sufficient duration, to make sustainable changes in a family,
and that integrate all of the following activities:
``(A) Interactive literacy activities between
parents and their children.
``(B) Training for parents regarding how to be the
primary teacher for their children and full partners in
the education of their children.
``(C) Parent literacy training that leads to
economic self-sufficiency.
``(D) An age-appropriate education to prepare
children for success in school and life experiences.
``(3) Instructional staff.--The term `instructional staff'--
``(A) means individuals who have responsibility for
teaching children to read; and
``(B) includes principals, teachers, supervisors of
instruction, librarians, library school media
specialists, teachers of academic subjects other than
reading, and other individuals who have responsibility
for assisting children to learn to read.
``(4) Reading.--The term `reading' means a complex system of
deriving meaning from print that requires all of the following:
``(A) The skills and knowledge to understand how
phonemes, or speech sounds, are connected to print.
``(B) The ability to decode unfamiliar words.
``(C) The ability to read fluently.
``(D) Sufficient background information and
vocabulary to foster reading comprehension.
``(E) The development of appropriate active
strategies to construct meaning from print.
``(F) The development and maintenance of a
motivation to read.
[[Page 112 STAT. 2681-393]]
``(5) Scientifically based reading research.--The term
`scientifically based reading research'--
``(A) means the application of rigorous, systematic,
and objective procedures to obtain valid knowledge
relevant to reading development, reading instruction,
and reading difficulties; and
``(B) shall include research that--
``(i) employs systematic, empirical methods
that draw on observation or experiment;
``(ii) involves rigorous data analyses that
are adequate to test the stated hypotheses and
justify the general conclusions drawn;
``(iii) relies on measurements or
observational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations; and
``(iv) has been accepted by a peer-reviewed
journal or approved by a panel of independent
experts through a comparably rigorous, objective,
and scientific review.
``SEC. 2253. <> READING AND LITERACY GRANTS TO
STATE EDUCATIONAL AGENCIES.
``(a) Program Authorized.--
``(1) In general.--Subject to the provisions of this part,
the Secretary shall award grants to State educational agencies
to carry out the reading and literacy activities authorized
under this section and sections 2254 through 2256.
``(2) Limitations.--
``(A) Single grant per state.--A State educational
agency may not receive more than one grant under
paragraph (1).
``(B) 3-year term.--A State educational agency that
receives a grant under paragraph (1) may expend the
funds provided under the grant only during the 3-year
period beginning on the date on which the grant is made.
``(b) Application.--
``(1) In general.--A State educational agency that desires
to receive a grant under this part shall submit an application
to the Secretary at such time and in such form as the Secretary
may require. The application shall contain the information
described in paragraph (2).
``(2) Contents.--An application under this subsection shall
contain the following:
``(A) An assurance that the Governor of the State,
in consultation with the State educational agency, has
established a reading and literacy partnership described
in subsection (d), and a description of how such
partnership--
``(i) assisted in the development of the State
plan;
``(ii) will be involved in advising on the
selection of subgrantees under sections 2255 and
2256; and
``(iii) will assist in the oversight and
evaluation of such subgrantees.
``(B) A description of the following:
``(i) How the State educational agency will
ensure that professional development activities
related to reading instruction and provided under
this part are--
[[Page 112 STAT. 2681-394]]
``(I) coordinated with other State
and local level funds and used
effectively to improve instructional
practices for reading; and
``(II) based on scientifically based
reading research.
``(ii) How the activities assisted under this
part will address the needs of teachers and other
instructional staff, and will effectively teach
students to read, in schools receiving assistance
under section 2255 and 2256.
``(iii) The extent to which the activities
will prepare teachers in all the major components
of reading instruction (including phonemic
awareness, systematic phonics, fluency, and
reading comprehension).
``(iv) How the State educational agency will
use technology to enhance reading and literacy
professional development activities for teachers,
as appropriate.
``(v) How parents can participate in literacy-
related activities assisted under this part to
enhance their children's reading.
``(vi) How subgrants made by the State
educational agency under sections 2255 and 2256
will meet the requirements of this part, including
how the State educational agency will ensure that
subgrantees will use practices based on
scientifically based reading research.
``(vii) How the State educational agency will,
to the extent practicable, make grants to
subgrantees in both rural and urban areas.
``(viii) The process that the State used to
establish the reading and literacy partnership
described in subsection (d).
``(C) An assurance that each local educational
agency to which the State educational agency makes a
subgrant--
``(i) will provide professional development
for the classroom teacher and other appropriate
instructional staff on the teaching of reading
based on scientifically based reading research;
``(ii) will provide family literacy services
based on programs such as the Even Start family
literacy model authorized under part B of title I,
to enable parents to be their child's first and
most important teacher;
``(iii) will carry out programs to assist
those kindergarten students who are not ready for
the transition to first grade, particularly
students experiencing difficulty with reading
skills; and
``(iv) will use supervised individuals
(including tutors), who have been appropriately
trained using scientifically based reading
research, to provide additional support, before
school, after school, on weekends, during
noninstructional periods of the school day, or
during the summer, for children preparing to enter
kindergarten and students in kindergarten through
grade 3 who are experiencing difficulty reading.
``(D) An assurance that instruction in reading will
be provided to children with reading difficulties who--
[[Page 112 STAT. 2681-395]]
``(i) are at risk of being referred to special
education based on these difficulties; or
``(ii) have been evaluated under section 614
of the Individuals with Disabilities Education Act
but, in accordance with section 614(b)(5) of such
Act, have not been identified as being a child
with a disability (as defined in section 602 of
the such Act).
``(E) A description of how the State educational
agency--
``(i) will build on, and promote coordination
among, literacy programs in the State (including
federally funded programs such as the Adult
Education and Family Literacy Act and the
Individuals with Disabilities Education Act), in
order to increase the effectiveness of the
programs in improving reading for adults and
children and to avoid duplication of the efforts
of the programs;
``(ii) will promote reading and library
programs that provide access to engaging reading
material;
``(iii) will make local educational agencies
described in sections 2255(a)(1) and 2256(a)(1)
aware of the availability of subgrants under
sections 2255 and 2256; and
``(iv) will assess and evaluate, on a regular
basis, local educational agency activities
assisted under this part, with respect to whether
they have been effective in achieving the purposes
of this part.
``(F) A description of the evaluation instrument the
State educational agency will use for purposes of the
assessments and evaluations under subparagraph (E)(iv).
``(c) Approval of Applications.--
``(1) In general.--The Secretary shall approve an
application of a State educational agency under this section
only--
``(A) if such application meets the requirement of
this section; and
``(B) after taking into account the extent to which
the application furthers the purposes of this part and
the overall quality of the application.
``(2) Peer review.--
``(A) In general.--The Secretary, in consultation
with the National Institute for Literacy, shall convene
a panel to evaluate applications under this section. At
a minimum, the panel shall include--
``(i) representatives of the National
Institute for Literacy, the National Research
Council of the National Academy of Sciences, and
the National Institute of Child Health and Human
Development;
``(ii) 3 individuals selected by the
Secretary;
``(iii) 3 individuals selected by the National
Institute for Literacy;
``(iv) 3 individuals selected by the National
Research Council of the National Academy of
Sciences; and
``(v) 3 individuals selected by the National
Institute of Child Health and Human Development.
``(B) Experts.--The panel shall include experts who
are competent, by virtue of their training, expertise,
or
[[Page 112 STAT. 2681-396]]
experience, to evaluate applications under this section,
and experts who provide professional development to
teachers of reading to children and adults, and experts
who provide professional development to other
instructional staff, based on scientifically based
reading research.
``(C) Priority.--The panel shall recommend grant
applications from State educational agencies under this
section to the Secretary for funding or for disapproval.
In making such recommendations, the panel shall give
priority to applications from State educational agencies
whose States have modified, are modifying, or provide an
assurance that not later than 18 months after receiving
a grant under this section the State educational
agencies will increase the training and the methods of
teaching reading required for certification as an
elementary school teacher to reflect scientifically
based reading research, except that nothing in this Act
shall be construed to establish a national system of
teacher certification.
``(D) Minimum grant amounts.--
``(i) States.--Each State educational agency
selected to receive a grant under this section
shall receive an amount for the grant period that
is not less than $500,000.
``(ii) Outlying areas.--The Virgin Islands,
Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands selected to receive a
grant under this section shall receive an amount
for the grant period that is not less than
$100,000.
``(E) Limitation.--The Republic of the Marshall
Islands, the Federated States of Micronesia, and the
Republic of Palau shall not be eligible to receive a
grant under this part.
``(d) Reading and Literacy Partnerships.--
``(1) Required participants.--In order for a State
educational agency to receive a grant under this section, the
Governor of the State, in consultation with the State
educational agency, shall establish a reading and literacy
partnership consisting of at least the following participants:
``(A) The Governor of the State.
``(B) The chief State school officer.
``(C) The chairman and the ranking member of each
committee of the State legislature that is responsible
for education policy.
``(D) A representative, selected jointly by the
Governor and the chief State school officer, of at least
one local educational agency that is eligible to receive
a subgrant under section 2255.
``(E) A representative, selected jointly by the
Governor and the chief State school officer, of a
community-based organization working with children to
improve their reading skills, particularly a community-
based organization using tutors and scientifically based
reading research.
``(F) State directors of appropriate Federal or
State programs with a strong reading component.
``(G) A parent of a public or private school student
or a parent who educates their child or children in
their
[[Page 112 STAT. 2681-397]]
home, selected jointly by the Governor and the chief
State school officer.
``(H) A teacher who successfully teaches reading and
an instructional staff member, selected jointly by the
Governor and the chief State school officer.
``(I) A family literacy service provider selected
jointly by the Governor and the chief State school
officer.
``(2) Optional participants.--A reading and literacy
partnership may include additional participants, who shall be
selected jointly by the Governor and the chief State school
officer, and who may include a representative of--
``(A) an institution of higher education operating a
program of teacher preparation based on scientifically
based reading research in the State;
``(B) a local educational agency;
``(C) a private nonprofit or for-profit eligible
professional development provider providing instruction
based on scientifically based reading research;
``(D) an adult education provider;
``(E) a volunteer organization that is involved in
reading programs; or
``(F) a school library or a public library that
offers reading or literacy programs for children or
families.
``(3) Preexisting partnership.--If, before the date of the
enactment of the Reading Excellence Act, a State established a
consortium, partnership, or any other similar body, that
includes the Governor and the chief State school officer and
has, as a central part of its mission, the promotion of literacy
for children in their early childhood years through the 3d grade
and family literacy services, but that does not satisfy the
requirements of paragraph (1), the State may elect to treat that
consortium, partnership, or body as the reading and literacy
partnership for the State notwithstanding such paragraph, and it
shall be considered a reading and literacy partnership for
purposes of the other provisions of this part.
``SEC. 2254. <> USE OF AMOUNTS BY STATE
EDUCATIONAL AGENCIES.
``A State educational agency that receives a grant under section
2253--
``(1) shall use not more than 5 percent of the funds made
available under the grant for the administrative costs of
carrying out this part (excluding section 2256), of which not
more than 2 percent may be used to carry out section 2259; and
``(2) shall use not more than 15 percent of the funds made
available under the grant to solicit applications for, award,
and oversee the performance of, not less than one subgrant
pursuant to section 2256.
``SEC. 2255. <> LOCAL READING IMPROVEMENT
SUBGRANTS.
``(a) In General.--
``(1) Subgrants.--A State educational agency that receives a
grant under section 2253 shall make subgrants, on a competitive
basis, to local educational agencies that either--
``(A) have at least one school that is identified
for school improvement under section 1116(c) in the
geographic area served by the agency;
``(B) have the largest, or second largest, number of
children who are counted under section 1124(c), in
[[Page 112 STAT. 2681-398]]
comparison to all other local educational agencies in
the State; or
``(C) have the highest, or second highest, school-
age child poverty rate, in comparison to all other local
educational agencies in the State.
For purposes of subparagraph (C), the term `school-age child
poverty rate' means the number of children counted under section
1124(c) who are living within the geographic boundaries of the
local educational agency, expressed as a percentage of the total
number of children aged 5-17 years living within the geographic
boundaries of the local educational agency.
``(2) Subgrant amount.--A subgrant under this section shall
consist of an amount sufficient to enable the subgrant recipient
to operate a program for a 2-year period and may not be revoked
or terminated on the grounds that a school ceases, during the
grant period, to meet the requirements of subparagraph (A), (B),
or (C) of paragraph (1).
``(b) Applications.--A local educational agency that desires to
receive a subgrant under this section shall submit an application to the
State educational agency at such time, in such manner, and including
such information as the agency may require. The application--
``(1) shall describe how the local educational agency will
work with schools selected by the agency to receive assistance
under subsection (d)(1)--
``(A) to select one or more programs of reading
instruction, developed using scientifically based
reading research, to improve reading instruction by all
academic teachers for all children in each of the
schools selected by the agency under such subsection
and, where appropriate, for their parents; and
``(B) to enter into an agreement with a person or
entity responsible for the development of each program
selected under subparagraph (A), or a person with
experience or expertise about the program and its
implementation, under which the person or entity agrees
to work with the local educational agency and the
schools in connection with such implementation and
improvement efforts;
``(2) shall include an assurance that the local educational
agency--
``(A) will carry out professional development for
the classroom teacher and other instructional staff on
the teaching of reading based on scientifically based
reading research;
``(B) will provide family literacy services based on
programs such as the Even Start family literacy model
authorized under part B of title I, to enable parents to
be their child's first and most important teacher;
``(C) will carry out programs to assist those
kindergarten students who are not ready for the
transition to first grade, particularly students
experiencing difficulty with reading skills; and
``(D) will use supervised individuals (including
tutors), who have been appropriately trained using
scientifically based reading research, to provide
additional support, before school, after school, on
weekends, during noninstructional periods of the school
day, or during the summer,
[[Page 112 STAT. 2681-399]]
for children preparing to enter kindergarten and
students in kindergarten through grade 3 who are
experiencing difficulty reading;
``(3) shall describe how the applicant will ensure that
funds available under this part, and funds available for reading
instruction for kindergarten through grade 6 from other
appropriate sources, are effectively coordinated, and, where
appropriate, integrated with funds under this Act in order to
improve existing activities in the areas of reading instruction,
professional development, program improvement, parental
involvement, technical assistance, and other activities that can
help meet the purposes of this part;
``(4) shall describe, if appropriate, how parents, tutors,
and early childhood education providers will be assisted by, and
participate in, literacy-related activities receiving financial
assistance under this part to enhance children's reading
fluency;
``(5) shall describe how the local educational agency--
``(A) provides instruction in reading to children
with reading difficulties who--
``(i) are at risk of being referred to special
education based on these difficulties; or
``(ii) have been evaluated under section 614
of the Individuals with Disabilities Education Act
but, in accordance with section 614(b)(5) of such
Act, have not been identified as being a child
with a disability (as defined in section 602 of
the such Act); and
``(B) will promote reading and library programs that
provide access to engaging reading material; and
``(6) shall include an assurance that the local educational
agency will make available, upon request and in an
understandable and uniform format, to any parent of a student
attending any school selected to receive assistance under
subsection (d)(1) in the geographic area served by the local
educational agency, information regarding the professional
qualifications of the student's classroom teacher to provide
instruction in reading.
``(c) Special Rule.--To the extent feasible, a local educational
agency that desires to receive a grant under this section shall form a
partnership with one or more community-based organizations of
demonstrated effectiveness in early childhood literacy, and reading
readiness, reading instruction, and reading achievement for both adults
and children, such as a Head Start program, family literacy program,
public library, or adult education program, to carry out the functions
described in paragraphs (1) through (6) of subsection (b). In evaluating
subgrant applications under this section, a State educational agency
shall consider whether the applicant has satisfied the requirement in
the preceding sentence. If not, the applicant must provide information
on why it would not have been feasible for the applicant to have done
so.
``(d) Use of Funds.--
``(1) In general.--Subject to paragraph (2), a local
educational agency that receives a subgrant under this section
shall use amounts from the subgrant to carry out activities to
advance reform of reading instruction in any school that (A) is
described in subsection (a)(1)(A), (B) has the largest, or
second largest, number of children who are counted under section
1124(c), in comparison to all other schools in the local
educational agency, or (C) has the highest, or second highest,
[[Page 112 STAT. 2681-400]]
school-age child poverty rate (as defined in the second sentence
of subsection (a)(1)), in comparison to all other schools in the
local educational agency. Such activities shall include the
following:
``(A) Securing technical and other assistance from--
``(i) a program of reading instruction based
on scientifically based reading research;
``(ii) a person or entity with experience or
expertise about such program and its
implementation, who has agreed to work with the
recipient in connection with its implementation;
or
``(iii) a program providing family literacy
services.
``(B) Providing professional development activities
to teachers and other instructional staff (including
training of tutors), using scientifically based reading
research and purchasing of curricular and other
supporting materials.
``(C) Promoting reading and library programs that
provide access to engaging reading material.
``(D) Providing, on a voluntary basis, training to
parents of children enrolled in a school selected to
receive assistance under subsection (d)(1) on how to
help their children with school work, particularly in
the development of reading skills. Such training may be
provided directly by the subgrant recipient, or through
a grant or contract with another person. Such training
shall be consistent with reading reforms taking place in
the school setting. No parent shall be required to
participate in such training.
``(E) Carrying out family literacy services based on
programs such as the Even Start family literacy model
authorized under part B of title I, to enable parents to
be their child's first and most important teacher.
``(F) Providing instruction for parents of children
enrolled in a school selected to receive assistance
under subsection (d)(1), and others who volunteer to be
reading tutors for such children, in the instructional
practices based on scientifically based reading research
used by the applicant.
``(G) Programs to assist those kindergarten students
enrolled in a school selected to receive assistance
under subsection (d)(1) who are not ready for the
transition to first grade, particularly students
experiencing difficulty with reading skills.
``(H) Providing additional support for children
preparing to enter kindergarten and students in
kindergarten through grade 3 who are enrolled in a
school selected to receive assistance under subsection
(d)(1), who are experiencing difficulty reading, before
school, after school, on weekends, during
noninstructional periods of the school day, or during
the summer, using supervised individuals (including
tutors), who have been appropriately trained using
scientifically based reading research.
``(I) Providing instruction in reading to children
with reading difficulties who--
``(i) are at risk of being referred to special
education based on these difficulties; or
``(ii) have been evaluated under section 614
of the Individuals with Disabilities Education Act
but, in
[[Page 112 STAT. 2681-401]]
accordance with section 614(b)(5) of such Act,
have not been identified as being a child with a
disability (as defined in section 602 of the such
Act).
``(J) Providing coordination of reading, library,
and literacy programs within the local educational
agency to avoid duplication and increase the
effectiveness of reading, library, and literacy
activities.
``(2) Limitation on administrative expenses.--A recipient of
a subgrant under this section may use not more than 5 percent of
the subgrant funds for administrative costs.
``(e) Training Nonrecipients.--A recipient of a subgrant under this
section may train, on a fee-for-service basis, personnel from schools,
or local educational agencies, that are not a beneficiary of, or
receiving, such a subgrant, in the instructional practices based on
scientifically based reading research used by the recipient. Such a
nonrecipient school or agency may use funds received under title I of
this Act, and other appropriate Federal funds used for reading
instruction, to pay for such training, to the extent consistent with the
law under which such funds were received.
``SEC. 2256. <> TUTORIAL ASSISTANCE SUBGRANTS.
``(a) In General.--
``(1) Subgrants.--Except as provided in paragraph (4), a
State educational agency that receives a grant under section
2253 shall make at least one subgrant on a competitive basis
to--
``(A) local educational agencies that have at least
one school in the geographic area served by the agency
that--
``(i) is located in an area designated as an
empowerment zone under part I of subchapter U of
chapter 1 of the Internal Revenue Code of 1986; or
``(ii) is located in an area designated as an
enterprise community under part I of subchapter U
of chapter 1 of the Internal Revenue Code of 1986;
``(B) local educational agencies that have at least
one school that is identified for school improvement
under section 1116(c) in the geographic area served by
the agency;
``(C) local educational agencies with the largest,
or second largest, number of children who are counted
under section 1124(c), in comparison to all other local
educational agencies in the State; or
``(D) local educational agencies with the highest,
or second highest, school-age child poverty rate, in
comparison to all other local educational agencies in
the State.
For purposes of subparagraph (D), the term `school-age child
poverty rate' means the number of children counted under section
1124(c) who are living within the geographic boundaries of the
local educational agency, expressed as a percentage of the total
number of children aged 5-17 years living within the geographic
boundaries of the local educational agency.
``(2) Notification.--
``(A) To local educational agencies.--A State
educational agency shall provide notice to all local
educational agencies within the State regarding the
availability of the subgrants under this section.
``(B) To providers and parents.--Not later than 30
days after the date on which the State educational
agency
[[Page 112 STAT. 2681-402]]
provides notice under subparagraph (A), each local
educational agency described in paragraph (1) shall, as
a condition on the agency's receipt of funds made
available under title I of this Act, provide public
notice to potential providers of tutorial assistance
operating in the jurisdiction of the agency, and parents
residing in such jurisdiction, regarding the
availability of the subgrants under this section.
``(3) Application.--A local educational agency that desires
to receive a subgrant under this section shall submit an
application to the State educational agency at such time, in
such manner, and including such information as the agency may
require. The application shall include an assurance that the
local educational agency will use the subgrant funds to carry
out the duties described in subsection (b) for children enrolled
in any school selected by the agency that (A) is described in
paragraph (1)(A), (B) is described in paragraph (1)(B), (C) has
the largest, or second largest, number of children who are
counted under section 1124(c), in comparison to all other
schools in the local educational agency, or (D) has the highest,
or second highest, school-age child poverty rate (as defined in
the second sentence of paragraph (1)), in comparison to all
other schools in the local educational agency.
``(4) Exception.--If no local educational agency within the
State submits an application to receive a subgrant under this
section within the 6-month period beginning on the date on which
the State educational agency provided notice to the local
educational agencies regarding the availability of the
subgrants, the State educational agency may use funds otherwise
reserved under 2254(2) for the purpose of providing local
reading improvement subgrants under section 2255 if the State
educational agency certifies to the Secretary that the
requirements of paragraph (2) have been met and each local
educational agency in the State described in subparagraph (B) of
such paragraph has demonstrated to the State educational agency
that no provider of tutorial assistance described in such
subparagraph requested the local educational agency to submit
under paragraph (3) an application for a tutorial assistance
subgrant.
``(b) Use of Funds.--
``(1) In general.--A local educational agency that receives
a subgrant under this section shall carry out, using the funds
provided under the subgrant, each of the duties described in
paragraph (2).
``(2) Duties.--The duties described in this paragraph are
the provision of tutorial assistance in reading, before school,
after school, on weekends, or during the summer, to children who
have difficulty reading, using instructional practices based on
scientifically based reading research, through the following:
``(A) The creation and implementation of objective
criteria to determine in a uniform manner the
eligibility of tutorial assistance providers and
tutorial assistance programs desiring to provide
tutorial assistance under the subgrant. Such criteria
shall include the following:
``(i) A record of effectiveness with respect
to reading readiness, reading instruction for
children in
[[Page 112 STAT. 2681-403]]
kindergarten through 3d grade, and early childhood
literacy, as appropriate.
``(ii) Location in a geographic area
convenient to the school or schools attended by
the children who will be receiving tutorial
assistance.
``(iii) The ability to provide tutoring in
reading to children who have difficulty reading,
using instructional practices based on
scientifically based reading research and
consistent with the reading instructional methods
and content used by the school the child attends.
``(B) The provision, to parents of a child eligible
to receive tutorial assistance pursuant to this section,
of multiple choices among tutorial assistance providers
and tutorial assistance programs determined to be
eligible under the criteria described in subparagraph
(A). Such choices shall include a school-based program
and at least one tutorial assistance program operated by
a provider pursuant to a contract with the local
educational agency.
``(C) The development of procedures--
``(i) for the provision of information to
parents of an eligible child regarding such
parents' choices for tutorial assistance for the
child;
``(ii) for considering children for tutorial
assistance who are identified under subparagraph
(D) and for whom no parent has selected a tutorial
assistance provider or tutorial assistance program
that give such parents additional opportunities to
select a tutorial assistance provider or tutorial
assistance program referred to in subparagraph
(B); and
``(iii) that permit a local educational agency
to recommend a tutorial assistance provider or
tutorial assistance program in a case where a
parent asks for assistance in the making of such
selection.
``(D) The development of a selection process for
providing tutorial assistance in accordance with this
paragraph that limits the provision of assistance to
children identified, by the school the child attends, as
having difficulty reading, including difficulty
mastering phonemic awareness, systematic phonics,
fluency, and reading comprehension.
``(E) The development of procedures for selecting
children to receive tutorial assistance, to be used in
cases where insufficient funds are available to provide
assistance with respect to all children identified by a
school under subparagraph (D), that--
``(i) give priority to children who are
determined, through State or local reading
assessments, to be most in need of tutorial
assistance; and
``(ii) give priority, in cases where children
are determined, through State or local reading
assessments, to be equally in need of tutorial
assistance, based on a random selection principle.
``(F) The development of a methodology by which
payments are made directly to tutorial assistance
providers who are identified and selected pursuant to
this section and selected for funding. Such methodology
shall include the making of a contract, consistent with
State and local
[[Page 112 STAT. 2681-404]]
law, between the provider and the local educational
agency. Such contract shall satisfy the following
requirements:
``(i) It shall contain specific goals and
timetables with respect to the performance of the
tutorial assistance provider.
``(ii) It shall require the tutorial
assistance provider to report to the local
educational agency on the provider's performance
in meeting such goals and timetables.
``(iii) It shall specify the measurement
techniques that will be used to evaluate the
performance of the provider.
``(iv) It shall require the provider to meet
all applicable Federal, State, and local health,
safety, and civil rights laws.
``(v) It shall ensure that the tutorial
assistance provided under the contract is
consistent with reading instruction and content
used by the local educational agency.
``(vi) It shall contain an agreement by the
provider that information regarding the identity
of any child eligible for, or enrolled in the
program, will not be publicly disclosed without
the permission of a parent of the child.
``(vii) It shall include the terms of an
agreement between the provider and the local
educational agency with respect to the provider's
purchase and maintenance of adequate general
liability insurance.
``(viii) It shall contain provisions with
respect to the making of payments to the provider
by the local educational agency.
``(G) The development of procedures under which the
local educational agency carrying out this paragraph--
``(i) will ensure oversight of the quality and
effectiveness of the tutorial assistance provided
by each tutorial assistance provider that is
selected for funding;
``(ii) will provide for the termination of
contracts with ineffective and unsuccessful
tutorial assistance providers (as determined by
the local educational agency based upon the
performance of the provider with respect to the
goals and timetables contained in the contract
between the agency and the provider under
subparagraph (F));
``(iii) will provide to each parent of a child
identified under subparagraph (D) who requests
such information for the purpose of selecting a
tutorial assistance provider for the child, in a
comprehensible format, information with respect to
the quality and effectiveness of the tutorial
assistance referred to in clause (i);
``(iv) will ensure that each school
identifying a child under subparagraph (D) will
provide upon request, to a parent of the child,
assistance in selecting, from among the tutorial
assistance providers who are identified pursuant
to subparagraph (B) the provider who is best able
to meet the needs of the child;
``(v) will ensure that parents of a child
receiving tutorial assistance pursuant to this
section are
[[Page 112 STAT. 2681-405]]
informed of their child's progress in the tutorial
program; and
``(vi) will ensure that it does not disclose
the name of any child who may be eligible for
tutorial assistance pursuant to this section, the
name of any parent of such a child, or any other
personally identifiable information about such a
parent or child, to any tutorial assistance
provider (excluding the agency itself), without
the prior written consent of such parent.
``SEC. 2257. <> NATIONAL EVALUATION.
``From funds reserved under section 2260(b)(1), the Secretary,
through grants or contracts, shall conduct a national assessment of the
programs under this part. In developing the criteria for the assessment,
the Secretary shall receive recommendations from the peer review panel
convened under section 2253(c)(2).
``SEC. <> 2258. INFORMATION DISSEMINATION.
``(a) In General.--From funds reserved under section 2260(b)(2), the
National Institute for Literacy shall disseminate information on
scientifically based reading research and information on subgrantee
projects under section 2255 or 2256 that have proven effective. At a
minimum, the institute shall disseminate such information to all
recipients of Federal financial assistance under titles I and VII of
this Act, the Head Start Act, the Individuals with Disabilities
Education Act, and the Adult Education and Family Literacy Act.
``(b) Coordination.--In carrying out this section, the National
Institute for Literacy--
``(1) shall use, to the extent practicable, information
networks developed and maintained through other public and
private persons, including the Secretary, the National Center
for Family Literacy, and the Readline Program;
``(2) shall work in conjunction with any panel convened by
the National Institute of Child Health and Human Development and
the Secretary and any panel convened by the Office of
Educational Research and Improvement to assess the current
status of research-based knowledge on reading development,
including the effectiveness of various approaches to teaching
children to read, with respect to determining the criteria by
which the National Institute for Literacy judges scientifically
based reading research and the design of strategies to
disseminate such information; and
``(3) may assist any State educational agency selected to
receive a grant under section 2253, and that requests such
assistance--
``(A) in determining whether applications submitted
under section 2253 meet the requirements of this title
relating to scientifically based reading research; and
``(B) in the development of subgrant application
forms.
``SEC. 2259. <> STATE EVALUATIONS; PERFORMANCE
REPORTS.
``(a) State Evaluations.--
``(1) In general.--Each State educational agency that
receives a grant under section 2253 shall evaluate the success
of the agency's subgrantees in meeting the purposes of this
part. At a minimum, the evaluation shall measure the extent to
which students who are the intended beneficiaries of the
[[Page 112 STAT. 2681-406]]
subgrants made by the agency have improved their reading skills.
``(2) Contract.--A State educational agency shall carry out
the evaluation under this subsection by entering into a contract
with an entity that conducts scientifically based reading
research, under which contract the entity will perform the
evaluation.
``(3) Submission.--A State educational agency shall submit
the findings from the evaluation under this subsection to the
Secretary. The Secretary shall submit a summary of the findings
from the evaluations under this subsection and the national
assessment conducted under section 2257 to the appropriate
committees of the Congress, including the Committee on Education
and the Workforce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate.
``(b) Performance Reports.--A State educational agency that receives
a grant under section 2253 shall submit performance reports to the
Secretary pursuant to a schedule to be determined by the Secretary, but
not more frequently than annually. Such reports shall include--
``(1) with respect to subgrants under section 2255, the
program or programs of reading instruction, based on
scientifically based reading research, selected by subgrantees;
``(2) the results of use of the evaluation referred to in
section 2253(b)(2)(E)(iv); and
``(3) a description of the subgrantees receiving funds under
this part.
``SEC. 2260. AUTHORIZATIONS OF APPROPRIATIONS; <> RESERVATIONS FROM APPROPRIATIONS; SUNSET.
``(a) Authorizations.--
``(1) FY 1999.--There are authorized to be appropriated to
carry out this part and section 1202(c) $260,000,000 for fiscal
year 1999.
``(2) FY 2000.--There are authorized to be appropriated to
carry out this part and section 1202(c) $260,000,000 for fiscal
year 2000.
``(b) Reservations.--From each of the amounts appropriated under
subsection (a) for a fiscal year, the Secretary--
``(1) shall reserve 1.5 percent to carry out section
2257(a);
``(2) shall reserve $5,000,000 to carry out section 2258;
and
``(3) shall reserve $10,000,000 to carry out section
1202(c).
``(c) Sunset.--Notwithstanding section 422(a) of the General
Education Provisions Act, this part is not subject to extension under
such section.''.
(b) Conforming Amendments.--
(1) Authorization of appropriations.--Section 2003 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6603)
is amended--
(A) in subsection (a), by striking ``title,'' and
inserting ``title (other than part C),''; and
(B) in subsection (b)(3), by striking ``part C'' and
inserting ``part D''.
(2) Priority for professional development in mathematics and
science.--Section 2206 of the Elementary and
[[Page 112 STAT. 2681-407]]
Secondary Education Act of 1965 (20 U.S.C. 6646) is amended by
inserting ``(other than part C)'' after ``for this title'' each
place such term appears.
(3) Reporting and accountability.--Section 2401 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6701)
is amended by striking ``under this part'' each place such term
appears and inserting ``under this title (other than part C)''.
(4) Definitions.--Section 2402 of the Elementary and
Secondary Education <> Act of 1965 (20
U.S.C. 6701) is amended by striking ``this part--'' and
inserting ``this title (other than part C)--''.
(5) General definitions.--Section 14101(10)(C) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801(10)(C)) is amended by striking ``part C'' and inserting
``part D''.
(6) Participation by private school children and teachers.--
Section 14503(b)(1)(B) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 8893(b)(1)(B)) is amended by striking
``part C'' and inserting ``part D''.
SUBTITLE II--AMENDMENTS TO EVEN START FAMILY LITERACY PROGRAMS
SEC. 201. RESERVATION FOR GRANTS.
Section 1202(c) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6362(c)) is amended to read as follows:
``(c) Reservation for Grants.--
``(1) Grants authorized.--From funds reserved under section
2260(b)(3), the Secretary shall award grants, on a competitive
basis, to States to enable such States to plan and implement
statewide family literacy initiatives to coordinate and, where
appropriate, integrate existing Federal, State, and local
literacy resources consistent with the purposes of this part.
Such coordination and integration shall include funds available
under the Adult Education and Family Literacy Act, the Head
Start Act, this part, part A of this title, and part A of title
IV of the Social Security Act.
``(2) Consortia.--
``(A) Establishment.--To receive a grant under this
subsection, a State shall establish a consortium of
State-level programs under the following laws:
``(i) This title (other than part D).
``(ii) The Head Start Act.
``(iii) The Adult Education and Family
Literacy Act.
``(iv) All other State-funded preschool
programs and programs providing literacy services
to adults.
``(B) Plan.--To receive a grant under this
subsection, the consortium established by a State shall
create a plan to use a portion of the State's resources,
derived from the programs referred to in subparagraph
(A), to strengthen and expand family literacy services
in such State.
``(C) Coordination with part c of title ii.--The
consortium shall coordinate its activities with the
activities of the reading and literacy partnership for
the State
[[Page 112 STAT. 2681-408]]
established under section 2253(d), if the State
educational agency receives a grant under section 2253.
``(3) Reading instruction.--Statewide family literacy
initiatives implemented under this subsection shall base reading
instruction on scientifically based reading research (as such
term is defined in section 2252).
``(4) Technical assistance.--The Secretary shall provide,
directly or through a grant or contract with an organization
with experience in the development and operation of successful
family literacy services, technical assistance to States
receiving a grant under this subsection.
``(5) Matching requirement.--The Secretary shall not make a
grant to a State under this subsection unless the State agrees
that, with respect to the costs to be incurred by the eligible
consortium in carrying out the activities for which the grant
was awarded, the State will make available non-Federal
contributions in an amount equal to not less than the Federal
funds provided under the grant.''.
SEC. 202. DEFINITIONS.
Section 1202(e) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6362(e)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) the term `family literacy services' means services
provided to participants on a voluntary basis that are of
sufficient intensity in terms of hours, and of sufficient
duration, to make sustainable changes in a family, and that
integrate all of the following activities:
``(A) Interactive literacy activities between
parents and their children.
``(B) Training for parents regarding how to be the
primary teacher for their children and full partners in
the education of their children.
``(C) Parent literacy training that leads to
economic self-sufficiency.
``(D) An age-appropriate education to prepare
children for success in school and life experiences.
SEC. 203. EVALUATION.
Section 1209 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6369) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) to provide States and eligible entities receiving a
subgrant under this part, directly or through a grant or
contract with an organization with experience in the development
and operation of successful family literacy services, technical
assistance to ensure local evaluations undertaken under section
1205(10) provide accurate information on the effectiveness of
programs assisted under this part.''.
SEC. 204. INDICATORS OF PROGRAM QUALITY.
(a) In General.--The Elementary and Secondary Education Act of 1965
is amended--
[[Page 112 STAT. 2681-409]]
<> (1) by redesignating section 1210 as
section 1212; and
(2) by inserting after section 1209 the following:
<> ``SEC. 1210. INDICATORS OF PROGRAM QUALITY.
``Each State receiving funds under this part shall develop, based on
the best available research and evaluation data, indicators of program
quality for programs assisted under this part. Such indicators shall be
used to monitor, evaluate, and improve such programs within the State.
Such indicators shall include the following:
``(1) With respect to eligible participants in a program who
are adults--
``(A) achievement in the areas of reading, writing,
English language acquisition, problem solving, and
numeracy;
``(B) receipt of a high school diploma or a general
equivalency diploma;
``(C) entry into a postsecondary school, job
retraining program, or employment or career advancement,
including the military; and
``(D) such other indicators as the State may
develop.
``(2) With respect to eligible participants in a program who
are children--
``(A) improvement in ability to read on grade level
or reading readiness;
``(B) school attendance;
``(C) grade retention and promotion; and
``(D) such other indicators as the State may
develop.''.
(b) State Level Activities.--Section 1203(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6363(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) carrying out section 1210.''.
(c) Award of Subgrants.--Paragraphs (3) and (4) of section 1208(b)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6368)
are amended to read as follows:
``(3) Continuing eligibility.--In awarding subgrant funds to
continue a program under this part for the second, third, or
fourth year, the State educational agency shall evaluate the
program based on the indicators of program quality developed by
the State under section 1210. Such evaluation shall take place
after the conclusion of the startup period, if any.
``(4) Insufficient progress.--The State educational agency
may refuse to award subgrant funds if such agency finds that the
eligible entity has not sufficiently improved the performance of
the program, as evaluated based on the indicators of program
quality developed by the State under section 1210, after--
``(A) providing technical assistance to the eligible
entity; and
``(B) affording the eligible entity notice and an
opportunity for a hearing.''.
[[Page 112 STAT. 2681-410]]
SEC. 205. RESEARCH.
The Elementary and Secondary Education Act of 1965, as amended by
section 204 of this Act, is further amended by inserting after section
1210 the following:
``SEC. 1211. <> RESEARCH.
``(a) In General.--The Secretary shall carry out, through grant or
contract, research into the components of successful family literacy
services, to use--
``(1) to improve the quality of existing programs assisted
under this part or other family literacy programs carried out
under this Act or the Adult Education and Family Literacy Act;
and
``(2) to develop models for new programs to be carried out
under this Act or the Adult Education and Family Literacy Act.
``(b) Dissemination.--The National Institute for Literacy shall
disseminate, pursuant to section 2258, the results of the research
described in subsection (a) to States and recipients of subgrants under
this part.''.
SUBTITLE III--REPEALS
SEC. 301. REPEAL OF CERTAIN UNFUNDED EDUCATION PROGRAMS.
(a) Community School Partnerships.--The Community School Partnership
Act (contained in part B of title V of the Improving America's Schools
Act of 1994 (20 U.S.C. 1070 note) is repealed.
(b) Educational Research, Development, Dissemination, and
Improvement Act of 1994.--Section 941(j) of the Educational Research,
Development, Dissemination, and Improvement Act of 1994 (20 U.S.C.
6041(j)) is repealed.
(c) Elementary and Secondary Education Act of 1965.--The following
provisions are repealed:
(1) Innovative elementary school transition projects.--
Section 1503 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6493).
(2) De lugo territorial education improvement program.--Part
H of title X of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8221 et seq.).
(3) Extended time for learning and longer school year.--Part
L of title X of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8351).
(4) Territorial assistance.--Part M of title X of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 8371).
(d) Family and Community Endeavor Schools.--The Family and Community
Endeavor Schools Act (42 U.S.C. 13792) is repealed.
(e) Goals 2000: Educate America Act.--Subsections (b) and (d)(1) of
section 601 of the Goals 2000: Educate America Act (20 U.S.C. 5951) are
repealed.
[[Page 112 STAT. 2681-411]]
SUBTITLE IV--TECHNICAL AND CONFORMING AMENDMENTS
SEC. 401. TECHNICAL AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 1998.
(1) <> Section 111(c) of the Workforce
Investment Act of 1998 is amended by striking ``Chairman'' and
inserting ``Chairperson''.
(2) <> Section 112(c)(1) of such Act is
amended by striking ``; and'' and inserting ``; or''.
(3) <> Section 116(a)(3)(D)(ii)(I)(aa)
of such Act is amended by striking ``; or'' and inserting ``;
and''.
<> (4) Section 117 of such Act is
amended--
(A) in subsection (f)(1)(D), by striking ``State''
and inserting ``Governor''; and
(B) in subsection (i)(1)(D)(ii), by striking
subclause (II), and inserting the following:
``(II) other representatives of employees in
the local area (for a local area in which no
employees are represented by such
organizations).''.
<> (5) Section 134(d)(4)(F) of such Act
is amended by adding at the end the following:
``(iii) Individual training accounts.--An
individual who seeks training services and who is
eligible pursuant to subparagraph (A), may, in
consultation with a case manager, select an
eligible provider of training services from the
list or identifying information for providers
described in clause (ii)(I). Upon such selection,
the one-stop operator involved shall, to the
extent practicable, refer such individual to the
eligible provider of training services, and
arrange for payment for such services through an
individual training account.''.
<> (6) Section 159 of such Act is
amended--
(A) in subsections (c)(1)(G) and (d)(4), by striking
``post-secondary'' and inserting ``postsecondary''; and
(B) in subsection (c)(3), by striking ``containing''
and inserting ``containing,''.
(7) <> Section 166(h)(3)(A) of such Act
is amended by striking ``paragraph (2)'' and inserting
``subparagraph (B)''.
<> (8) Section 167(d) of such Act is
amended by inserting ``and section 127(b)(1)(A)(iii)'' after
``this section''.
<> (9) Section 170(a)(1) of such Act is
amended by striking ``carry out'' and inserting ``carrying
out''.
(10) Section 170(b)(2) of such Act is amended by striking
``174(b)'' and inserting ``173(b)''.
<> (11) Section 171(b)(2) of such Act
is amended by striking ``only on a competitive'' and all that
follows through the period and inserting ``in accordance with
generally applicable Federal requirements.''.
<> (12) Section 173(a)(2) of such Act
is amended by striking ``the Robert'' and inserting ``The
Robert''.
<> (13) Section 189(i)(1) of such Act
is amended by striking ``1997 (Public Law 104-208; 110 Stat.
3009-234)'' and inserting ``1998 (Public Law 105-78; 111 Stat.
1467).
<> (14) Paragraphs (2) and (3) of
section 192(a) of such Act are amended by striking ``), to'' and
inserting ``) to''.
[[Page 112 STAT. 2681-412]]
<> (15) Section 334(b) of such Act
is amended by striking paragraph (2) and inserting the
following:
``(2) Date.--The appointments of the members of the
Commission shall be made by February 1, 1999.''.
(16) <